An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
CHAPTER 391
An Act to amend and reenact §§ 55-88.1, 55-96.1 and 58-297 of the Code
of Virginia, 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, to the recordation
of certain contracts, deeds and deeds of trust relative to such property,
and defining and classifying contractors for purposes of license taz-
ation.
[S 281]
Approved March 30, 1962
Be it enacted by the General Assembly of Virginia:
1. That §§ 55-88.1, 55-96.1 and 58-297 of the Code of Virginia be amended
and reenacted, as follows:
§ 55-88.1. If such goods and chattels consist of equipment or personal
property of any description, other than motor vehicles and other property
required to be registered under Title * 46.1 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 partnership having
at least one member residing in Virginia or which is a corporation having
a * registered office in Virginia, or the business of any logger or saw-
miller, 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 * registered 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 * registered 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 writ-
ings 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 § 55-96 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 partner-
ship having at least one member residing in Virginia or which is a corpora-
tion having a * registered 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 * registered 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 * 46.1 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 * registered office in this State
of such contractor, logger or sawmiller is located.
The provisions of the second paragraph of § 55-96 shall be applicable
in all respects to the contracts, deeds, deeds of trust and mortgages
mentioned in this section.
§ 58-297. Any person, firm or corporation:
(1) Accepting or offering to accept orders or contracts for doing
any work on or in any building or structure, requiring the use of paint,
stone, brick, mortar, wood, cement, structural iron or steel, sheet iron,
galvanized iron, metallic piping, tin, lead, or other metal or any other build-
ing material;
(2) Who shall accept or offer to accept contracts to do any paving,
curbing or other work on sidewalks, streets, alleys, or highway, or public
or private property, using asphalt, brick, stone, cement, concrete, wood
or any composition;
(3) Who shall accept or offer to accept an order for or contract to
excavate earth, rock, or other material for foundation or any other pur-
pose or for cutting, trimming or maintaining rights of way; or
(4) Who shall accept or offer to accept an order or contract to con-
struct any sewer of stone, brick, terra cotta or other material;
Shall be deemed a contractor.
Provided, however, that any person, firm or corporation engaging in
the business of accepting or offering to accept orders or contracts for
doing any work on or in any building or premises involving the erecting,
installing, altering, repairing, servicing, or maintaining electric wiring,
devices or appliances permanently connected to such wiring; or the erect-
ing, repairing or maintaining of lines for the transmission or distribution
of electric light and power, shall not be deemed to be a contractor as
defined in this section, but shall be deemed to be an electrical contractor and
shall pay for the privilege of conducting the business of electrical contract-
ing the same license tax as that required of contractors by this article.
Provided further that any person, firm or corporation engaging in the
business of plumbing and steam fitting in cities, towns or counties which
have adopted or may hereafter adopt rules and regulations for the purpose
of securing sanitary construction, alteration and inspection of plumbing
and sewer connections and drains, pursuant to § 32-61, shall not be deemed
to be a contractor, as defined in this section, but shall pay for the privilege
of conducting the business of plumbing and steam fitting, the same license
as that required of contractors by this article.
And provided, further, that any person, firm or corporation engaging
in the business of selling and erecting or erecting, tombstones shall not be
deemed to be a contractor as defined in this section.