CHAPTER 464

An Act to amend the Code of Virginia by adding thereto two new sections
numbered 55-88.1 and 55-96.1, relating to the docketing of agreements
for conditional sales, or reservation of title or lien, with respect to
property used in the businesses of a contractor, logger or sawmiller,
and to the recordation of certain contracts, deeds, and deeds of trust
relating to such property.

[H 501]

Approved April 1, 1952

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding two new sections
numbered 55-88.1 and 55-96.1, as follows:

§ 55-88.1. If such goods and chattels consist of equipment or per-
sonal property. of any description, other than motor vehicles and other
property required to be registered under Title 46 of this Code, to be used
in or about the business of any contractor, as that term is defined in
§ 58-297, who is an individual residing in Virginia or which is a partner-
ship having at least one member residing in Virginia or which is a corpora-
tion having a principal office in Virginia, or the business of any logger or
sawmiller, who is an individual residing in Virginia or which is a
partnership having at least one member residing in Virginia or which is
a corporation having a principal office in Virginia, every such sale or
contract as is mentioned in § 55-88 shall, in respect to such reservation
and condition, be void as to creditors of the vendee who acquire a lien
upon the goods and as to purchasers from the vendee, for value, without
notice, until and except from the time the writing is duly docketed in the
clerk’s office where deeds are admitted to record, as provided by law, of
the county or corporation wherein such contractor, logger or sawmiller
resides if he be an individual, or of the county or corporation of the
residence of at least two of its partners, if there be two of its partners
residing in Virginia, or of the residence of its partner residing in Virginia,
if there be only one such partner, in the case of a contractor, logger or
sawmiller which is a partnership, or, in the case of a contractor, logger
or sawmiller which is a corporation, of the county or corporation wherein
the principal office, in this State, of such contractor, logger or sawmiller
is located.

Filing of such writings relating to the goods and chattels mentioned
in this section for docketing in the clerk’s office specified in this section
shall be in lieu of the requirement that the same be filed for docketing
under the provisions of § 55-88. The clerk of the court in which such
writings are filed for docketing shall docket the same in the manner
prescribed by § 55-90.

§ 55-96.1. The provisions of the first paragraph of the preceding
section, and the provisions of § 55-97 shall not apply to contracts, deeds,
deeds of trust or mortgages conveying equipment or personal property
of any description used in or about the business of any contractor, as that
term is defined in § 58-297, who is an individual residing in Virginia or
which is a partnership having at least one member residing in Virginia
or which is a corporation having a principal office in Virginia, or in the
business of any logger or sawmiller who is an individual residing in
Virginia or which is a partnership having at least one member residing
in Virginia or which is a corporation having a principal office in Virginia,
but every such contract, deed, deed of trust or mortgage conveying such
property, other than motor vehicles and other property required to be
registered under Title 46 of this Code, when the possession is allowed to
remain with the grantor, shall be void as to all purchasers for valuable
consideration without notice not parties thereto and lien creditors, until
and except from the time it is duly admitted to record in the county or
corporation wherein such contractor, logger or sawmiller resides if he
be an individual, or in the county or corporation of the residence of at
least two of its partners, if there be two of its partners residing in
Virginia, or of the residence of its partner residing in Virginia, if there
be only one such partner, in the case of a contractor, logger or sawmiller
which is a partnership, or, in the case of a contractor, logger, or sawmiller
which is a corporation, in the county or corporation wherein the principal
office in this State of such contractor, logger or sawmiller is located.

The provisions of the second paragraph of the preceding section shall
be applicable in all respects to the contracts, deeds, deeds of trust and
mortgages mentioned in this section.