Chap. 297.—-An ACT to amend Chapter 342 of the Acts of the General Assembly
of 1932, approved March 26, 1932, and known as the Motor Vehicle Code of
Virginia, by adding thereto a new section numbered 61-a, to provide for seizing
and impounding, under certain circumstances, motor vehicles in cases where
the violation by some person, of any of the provisions of said chapter resulted
in damages to another person; to provide that any motor vehicle so seized and
impounded be held until after the trial of a civil action for the recovery of such
damages ; and to provide for the sale of such vehicle where the plaintiff in such
action recovers damages and costs; and to repeal Sections 2146 and 2147 of
the Code of Virginia, relating to the same matters. [H B 370]

Approved March 30, 1942

1. Be it enacted by the General Assembly of Virginia, That chapter
three hundred and forty-two of the Acts of the General Assembly of nine-
teen hundred and thirty-two, approved March twenty-sixth, nineteen
hundred and thirty-two, and known as the Motor Vehicle Code of Vir-
ginia, be amended by adding thereto a new section numbered sixty-one-a,
as follows:

Section 6l-a. Motor Vehicles to be impounded and sold for satis-
faction of damages under certain circumstances.—In addition to the pun-
ishment prescribed for violation of the preceding section or any other sec-
tion of this act, any person violating any of such provisions shall be liable
for such damages as any other person may suffer as a result of such vio-
lation, and upon the person claiming to have suffered such damages, or
some one for him, depositing with the court or justice having jurisdiction
of a criminal prosecution for such violation, a bond with approved se-
curity, in such amount as such court or justice may deem sufficient to
cover such probable damage as the accused may suffer by reason of his
being prosecuted for such violation, or money in lieu of such bond, such
court or justice shall require such violator or the owner of the motor ve-
hicle that was being driven by him, to deposit a bond with approved se-
curity, or money in lieu thereof, in such amount as such court or justice
may deem sufficient to cover the damages suffered by such other person,
and if such bond or money be not so deposited, such court or justice shall
order such motor vehicle to be seized and impounded wherever it may be
found in this State, regardless of whether a criminal prosecution has or
has not been commenced against such violator.

Any such motor vehicle so seized and impounded shall be held pend-
ing the result of a civil action for the damages claimed by such other per-
son, which action shall be brought as promptly as may be reasonably
practicable, in a court having jurisdiction thereof, and speedily prosecuted
in accordance with the law governing civil actions of a similar nature, and
for the purpose of service of process or notice, the operator of the motor
vehicle which caused such damages, if he be not the owner thereof, shall
be deemed the agent of the owner, and service of such process or notice
upon such operator shall be equivalent to personal service upon the owner.

It shall be a valid defense to any such action for the owner of such
vehicle to prove that the same was being driven or used without his know]-
edge or consent, express or implied, but the burden of proof thereof shall
be on such owner.

Upon the trial of such action, if the plaintiff recovers damages and
costs, then unless the defendant or someone for him, shall pay such dam-
ages and costs, the court trying the case shall order such vehicle to be sold
by the sheriff of the county or sergeant of the city wherein the same was
impounded or then may be, for the satisfaction of such damages and costs,
which sale shall be advertised and conducted in the manner prescribed by
law for sales of like kind, and for cash in hand, and any surplus of the pro-
ceeds thereof, after the satisfaction of such judgment for damages and
costs, and the costs and expenses incident to such seizure, impounding and
sale, shall be paid to the owner of such vehicle; and the officer making
such sale shall make report thereof, and of the disposition of the proceeds
to the court or justice ordering the sale, but any impounding or seizure of
any motor vehicle by virtue of this act, or sale thereof hereunder, shall
be subject to all valid and properly recorded liens thereon and such lienor
cHs. 297, 298, 299] ACTS OF ASSEMBLY 423

shall not be liable for any costs incident to the seizure of such motor ve-
hicle.

2. Be it further enacted, That sections twenty-one hundred and
forty-six and twenty-one hundred and forty-seven of the Code of Vir-
ginia, are hereby repealed.