Chap. 399.——An ACT to amend the Code of Virginia by adding thereto a new
section numbered 5191-a, providing that re-possession and sale without legal
process of personal property sold under a contract whereby the title thereto
or a lien thereon is reserved to secure unpaid purchase money, shall operate
to cancel and discharge the amount secured by such contract, including ail
unpaid purchase money, and providing that said new section shall not affect

~ the provisions of Section 5190 of the Code of Virginia, or sales made: as

- herein provided. [S B 180]

Approved April 1, 1938

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding thereto a new section numbered
fifty-one hundred and ninety-one-a, which new section shall read as
follows:

Section 5191-a. If the vendor of any personal property sold
under a written contract whereby the title thereto or a lien thereon 1s
reserved to secure unpaid purchase money, or the assignee or beneficial
owner of any such contract, shall repossess and sell such personal prop-
erty without legal process, such repossession and sale shall operate to
cancel and fully discharge the amount of money secured by such con-
tract, including all unpaid purchase money, notwithstanding any pro-
vision to the contrary contained in such contract. This section shall
not be construed to affect in any way the provisions of section fifty-
one hundred and ninety of the Code of Virginia, or the rights and
remedies provided therein, nor shall it apply in any case where the
property repossessed shall be sold at public auction in the county or
city in which the vendor has his or its principal place of business, or
in which the vendee resides, after ten days written notice of the time,
place and terms of sale served upon or sent by registered mail to
the last known postoffice address of the vendee, and after publication
in some newspaper having general circulation in the county or city
in which such sale is to be held, or, in lieu of such publication, after
notice duly posted for five days at three or more public places in said
county or city.

Nothing in this act shall affect the validity of any new contract
in writing ‘made, after default on the part of the vendee, between the
vendor, assignee, or beneficial owner and the vendee providing for the
resale of such personal property and the vendee’s liability for any
deficiency.