CHAPTER 7

An Act to amend and reenact § 54-849, as amended, of the Code of Vtr-
gima, relating to fees for examination and certification of certain
nurses. 31)

Approved February 17, 1966

Be it enacted by the General Assembly of Virginia:
1. That § 54-349, as amended, of the Code of Virginia be amended and
reenacted as follows:

$ 54-349. The fees for examination and certification shall be as fol-
lows: For a professional! nurse, * twenty-five dollars; * and for a registered
practical nurse, * twenty dollars. A fee of * ten dollars shall be required
for each re-examination. Fees shall be paid upon filing of applications.

CHAPTER 7
MONEY AND INTEREST

§ 6.1-811. The money of account of this State shall be the dollar,
cent and mill. All accounts by public officers shall be so kept.

§ 6.1-312. No writing shall be invalid, nor the force of any account
or entry be impaired, because a sum of money is expressed therein other-
wise than in such money of account.

§ 6.1-313. In any suit for a sum of money expressed in any foreign
currency or otherwise than in the money of account of this State, the
jury, if there be one impaneled for any other purpose, and if not, the
court, shall ascertain the value in the money of account of the sum so
expressed, making such allowance for the difference of exchange as
shall be just; and the judgment or decree may either be for what may
be so ascertained, or for the sum of money expressed as aforesaid to be
discharged by the sum so ascertained; provided that as to any such
suit involving an instrument to which § 3-107 of the Uniform Com-
mercial Code is applicable, the provisions of that section shall apply.

§ 6.1-314. No association or company (unless authorized by law)
shall issue, with intent that the same be circulated as currency, any
note, bill, scrip, or other paper or thing; or otherwise deal, trade or carry
on business as a bank of circulation. All contracts made for forming any
such association or company shall be void.

§ 6.1-315. All contracts and securities that may originate from,
or be made or obtained in whole or in part by means of any such dealing,
trade or business, shall be void. If any person pay any money or other
valuable thing on account of any such contract or security, he, or his
personal representative, or assignee, may, by suit brought within one
year after such payment, recover back the amount or value of such pay-
ment from the person to whom, or to whose use, it may have been made,
or from his representative.

§ 6.1-316. The capital stock of every such association or company,
whether paid up or merely subscribed, shall belong to the Commonwealth;
and the Attorney General, whenever informed of the existence of any
such association or company, shall institute a suit in a court of equity,
held in the city of Richmond, for the purpose of recovering such capital
stock. In such suit, all or any of the members of such association or com-
pany, and any officer, agent, or manager thereof, may be made defendants,
and compelled to exhibit all their books and papers, and an account of
everything necessary to enable the court to enter a proper decree. But
no disclosure made by a defendant in such suit, and no book or paper
exhibited by him in answer to the bill, or under the order of the court,
shall be used as evidence against him in any case atlaw. _

§ 6.1-317. Every member of any such association or company,
made defendant in any such suit in equity, shall be held liable to the
Commonwealth, and be decreed against for his proportion of the capital
stock held in such association or company by him, or by any person for
his use or benefit, at the institution of such suit, or at the time of the
against him for any act done in violation of § 6.1-314.

§ 6.1-318. Legal interest shall continue to be at the rate of six
dollars upon one hundred dollars for a year, and proportionately for a
greater or less sum, or for a longer or shorter time; and no person upon
any contract shall take for the loan or forbearance of money or other
thing above the value of such rate.

§ 6.1-319. All contracts and assurances made, directly or indirectly,
for the loan or forbearance of money at a greater rate of interest than
is allowed by law, shall be deemed to be for an illegal consideration as to
the excess beyond the principal amount so loaned or forborne.

§ 6.1-320. Any bank, or any broker duly licensed to transact business
as a stockbroker or as a broker dealing in options and futures under the
provisions of Title 58, may loan money or discount bonds, bills, notes or
other paper at a rate not exceeding one-half of one per centum for thirty
days, and may charge a minimum loan or discount fee of one dollar on
loans or discounts, and may receive such interest in advance; provided,
however, that any bank may charge in advance the legal rate of interest
upon the entire amount of any loan payable in weekly, monthly or other
periodical installments, and any note evidencing such an installment loan
may provide that the entire unpaid balance thereof, at the option of the
holder, shall become due and payable upon default in payment of any
stipulated installment, without impairing the negotiability of such note, if
otherwise negotiable; and provided, further that any bank may charge a
rate not exceeding one per centum per month on daily balances, or on
maximum calendar or fiscal monthly balances, under a written contract
for revolving credit on any plan which permits an obligor to avail himself
of the credit so established, and may also charge as a service fee a sum
not exceeding twenty-five cents for each check, draft or other order on
the credit so established; and provided, further, that agricultural credit
corporations or associations organized under the laws of this State may
charge interest or discount on loans made for agricultural purposes at a
rate not exceeding one and one-half per centum per annum in excess of
the rate charged such agricultural credit corporations or associations by
federal intermediate credit banks, at the time such loans are made, or said
agricultural credit corporations or associations may in their discretion
charge the rate of interest prescribed by § 6.1-318 and in either case,
such agricultural credit corporations or associations may charge a mini-
mum loan or discount fee of one dollar on loans or discounts for thirty
days or more and may receive such interest or discount in either case in
advance.

§ 6.1-321. In addition to the charges permitted by § 6.1-320 a
bank may charge an investigation fee not exceeding two per centum of
the amount of the loan on loans not exceeding one thousand dollars with a
minimum charge of one dollar.

§ 6.1-322. A broker-dealer licensed by the State Corporation Com-
mission and registered with the Securities and Exchange Commission
who extends credit to a customer on pledged securities as permitted under
the provisions of the Securities and Exchange Act of 1934, as amended,
may charge the customer on his debit balances that are payable on demand
such rate of interest as may be mutually agreed on, but not to exceed a
monthly charge at a rate of one and one-quarter per centum per annum
of the debit balances above the interest rate charged broker-dealers by
banks doing business in this State on loans collateralized by securities.

§ 6.1-823. Any person, firm, association or corporation principally
engaged in the business of making real estate mortgage or deed of trust
loans for resale may make an initial service, investigation or processing
fee not exceeding one per centum of the amount of the loan, on loans
payable in installments or otherwise and having a final maturity date of
ten years or more from the date thereof. Such a fee shall not be con-
sidered in determining whether a contract for a loan or forbearance of
money or other things is illegal within the meaning of Chapter 7 (§ 6.1-
811 et seq.), Title 6.1 of the Code.

§ 6.1-324. (1) Any bank or any other lender engaged in making
loans to finance the construction or improvement of real _ estate
may charge a borrower and collect in advance, supervision and
inspection fees not to exceed two and one-half per centum of the
amount of the loan. In lieu of charging such fee for supervision and
inspection of construction or improvement, such bank or lender may re-
quire the borrower to pay the actual cost and expenses of such super-
vision and inspection.

(2) Any bank or lender engaged in making real estate mortgages
or deed of trust loans may charge a borrower and collect in advance
processing and investigation fees not to exceed one per centum of the
amount of the loan. If the bank or lender provides both construction
financing under subsection (1) hereof, and permanent financing under
this subsection, its fees shall not exceed the maximum amount allow-
able under subsection (1).

Any such bank or lender may also require the borrower to
pay to or for the account of the person entitled thereto the reasonable
and necessary charges of third persons or other out-of-pocket expenses in
connection with making the loan, including the cost of title examination,
title insurance, recording fees, taxes, insurance, including mortgage guar-
anty insurance, appraisals, credit reports, surveys, and attorney’s fees.

(4) Such bank or lender may also charge a reasonable penalty
to a borrower for making a late payment on his loan provided the amount
of the penalty is specified in the contract between the bank or lender
and the borrower.

(5) Such fees and charges shall not be considered in determining
whether a contract for a loan or forbearance of money or other things
is illegal within the meaning of this title; provided, however, the fees
permitted under subsections (1) and (2) may not be made in addition
to fees otherwise lawful under § 6.1-323 and § 6.1-328.

§ 6.1-325. Any defendant may plead in general terms that the con-
tract or assurance on which the action is brought was for the payment
of interest at a greater rate than is allowed by law, to which plea the
plaintiff shall reply generally, but may give in evidence, upon the issue
made up thereon, any matter which could be given in evidence under a
special replication. Under the plea aforesaid, the defendant may give in
evidence any fact showing or tending to show that the contract or assur-
ance, or other writing upon which the action was brought, was for an
usurious consideration. When the issue on such plea is found for the de-
fendant, or if no such plea is made, and the contract or assurance be in
writing and shows that usurious interest has been therein contracted for,
judgment shall be rendered for the principal sum only.

§ 6.1-326. If an excess beyond the lawful interest be paid in any
case for the loan or forbearance of money or other thing, the person
paying the same may in a suit or action brought within one year there-
after recover the full amount of such payment from the person with whom
the contract was made or to whom the assurance was given; and it may
be so recovered from such person notwithstanding the payment of the
excess be made to his indorsee or assignee. If property has been conveyed
to secure the payment of the debt and a sale thereof is about to be
made, or is apprehended, an injunction may be awarded to prevent such
sale pending the suit or action.

§ 6.1-327. No corporation shall, by way of defense or otherwise,
avail itself of any of the provisions of the preceding sections of this
chapter, to avoid or defeat the payment of any interest which it has
contracted to pay; nor shall anything contained in any of such sections
be construed to prevent the recovery of such interest, though it be more
than legal interest and though that fact appear on the face of the contract.

§ 6.1-328. If the rate of interest specifically set forth in the bond,
note or other evidence of indebtedness, exclusive of other charges set
forth in the securing deed of trust, does not exceed the legal rate pre-
scribed in § 6.1-318, no person shall, by way of defense or otherwise,
avail himself of any of the provisions of this chapter, to avoid or defeat
the payment of any interest or fee which he shall have contracted to pay
on any loan or forbearance of money insured by the Federal Housing
Administration, or the Commissioner thereof, under or pursuant to the
provisions of the National Housing Act, approved June 27, 1934, and
amendments thereto, or guaranteed by the Veterans Administration, or
the Administrator thereof, under and pursuant to Title 38 of the United
States Code, and amendments thereto; nor shall anything contained in
this chapter be construed to prevent the recovery of such interest or
fee from any person who shall have contracted to pay the same.

§ 6.1-329. Nothing in the act of incorporation of any insurance,
banking, or other corporation, shall be construed as giving authority
(unless expressly given), to charge, take, or receive, for the loan or for-
bearance of money or other thing, more than the legal rate of interest.

§ 6.1-3830. (Reserved)

CHAP. 8
SAFE DEPOSIT OR STORAGE BUSINESS

§ 6.1-331. Whenever any amount due for the use of any safe or
box, in the vaults of any safe deposit company, bank, trust company, or
other corporation conducting a safe deposit business, shall have remained
unpaid for a period of two years, such company, bank, trust company, or
other corporation may, at the expiration of such period, send to the
person, partnership or corporation in whose name such safe or box
stands on its books a notice in writing in a securely closed, postpaid,
registered letter, directed to such renter or lessee at his last known
post office address, notifying such renter or lessee that if the amount due
for the rental of such safe or box shall not be paid within sixty days
from the date of sending such notice, the company, bank, trust company,
or other corporation will then cause such safe or box to be opened, and the
contents thereof to be inventoried, sealed, and placed in one of the general
safes or boxes of the company, bank, trust company, or other corporation.

§ 6.1-332. When a safety deposit box shall have been hired, or shall
hereafter be hired, from any bank or trust company transacting business
in this State, under the name of two or more persons, with the right of
access being given to either, or with access to either the survivor or
survivors of such persons, any one or more of such persons, whether the
other or others be living or not shall have the right of access to such deposit
vault, and may remove therefrom the contents of such box; and in case
of such removal such bank or trust company shall be exempt from any
liability for permitting such person access thereto.

§ 6.1-333. In any case where a company, bank, trust company or
other corporation having for rent safe deposit boxes is served with notice
of lien of fieri facias or other process under §§ 8-406, 8-411, 8-412, 8-481
to 8-433, or 58-1010, or a summons in garnishment in which a renter
or lessee of a safe deposit box is named defendant or judgment debtor
it shall be the duty of such company, bank, trust company, or other cor-
poration to deny such renter or lessee access to the safe deposit box rented
or leased in the name of the defendant or judgment debtor unless other-
wise directed by a court of competent jurisdiction or by the judgment
§ 6.1-334. Upon the expiration of sixty days from the date of mailing
the notice required by § 6.1-331 and the failure within such period of time
of the renter or lessee in whose name the safe or box stands on the books
of the company, bank, trust company, or other corporation to pay the
amount due for the rental thereof to the time of payment, together with
legal interest thereon, the company, bank, trust company, or other corpora-
tion may, in the presence of a notary public not in its employ, and of
its president or any vice president, assistant secretary, assistant treasurer,
secretary, treasurer, cashier or assistant cashier, cause such safe or box
to be opened, and the contents thereof, if any, to be removed, inventoried
and sealed up by such notary public in a package, upon which the
notary shall distinctly mark the name of the renter or lessee in whose
name the safe or box stood on the books of the company, bank, trust
company or other corporation, and the date of removal of the property.

§ 6.1-835. When a package has been marked for identification by
a notary public as required under the provisions of the preceding section,
it shall, in the presence of any one of the above-named officers of the
company, bank, trust company or other corporation, be placed by the
notary public in one of the general safes or boxes of the company, at a
rental not to exceed the original rental of the safe or box which was
opened, and shall remain in such general safe or box for a period of not
less than two years, unless sooner removed by such renter or lessee.

§ 6.1-336. The notary public who shall have placed a package as
required under the provisions of the preceding section shall thereupon
file with the company a certificate, under seal, which shall fully set out the
date of the opening of such safe or box, the name of the renter or lessee
in whose name it stood and a list of the contents, if any. Such certificate
shall be sworn to by such notary public and shall be prima facie evidence
of the facts therein set forth in all proceedings at law and in equity wherein
evidence of such facts would be competent. A copy of such certificate shall,
within ten days thereafter, be mailed to the renter or lessee in whose
name the safe or box so opened stood on the books of the company, bank,
trust company, or other corporation, at his last known post office address,
in a securely closed, postpaid, registered letter, together with a notice that
the contents will be kept, at the expense of such renter or lessee, in a
general safe or box in the vaults of the company, bank, trust company,
or other corporation, for a period of not less than two years, unless
sooner removed by such renter or lessee.

§ 6.1-337. At any time after the mailing of such notice as is re-
quired by the preceding section and before the expiration of two years,
such renter or lessee may require the delivery of the contents of the
safe or box as shown by the certificate, upon the payment of all rentals
due at the time of opening the safe or box, the cost of opening the safe
or box, the fees of the notary public for issuing his certificate thereon, and
the payment of all charges accrued during the period the contents re-
mained in the general safe or box of the company, bank, trust company,
or other corporation, together with legal interest on such rentals, costs,
fees, and charges. :

_ § 6.1-388. After the expiration of two years from the time of mail-
ing the certificate provided for under § 6.1-336, if such renter or lessee
has not obtained delivery of such contents as aforesaid, the company,
bank, trust company, or other corporation shall mail in a securely closed,
postpala, registered letter, addressed to such renter or lessee at his last

own post office address, a notice stating that two years have elapsed
since the opening of the safe or box and the mailing of a certificate thereof,
and that the company, bank, trust company, or other corporation will sell
all the property or articles of value set out in such certificate at a time and
place stated in such notice, not less than sixty days after the time of mailing
such notice, and stating the amount which shall have then become due
for rental, up to the time of opening such safe or box, the cost of opening
the same and the further cost of safekeeping of its contents for the
period since the opening of the safe or box. Unless such renter or lessee
shall pay on or before the day mentioned all such sums, and all the
charges accruing to the time of payment, together with legal interest on
such sums and charges, the company, bank, trust company, or other
corporation may sell all the property or articles of value set out in such
certificate for cash, at public auction, at the time and place stated in
such notice, provided a notice of the time and place of sale has been
published twice, not more than twenty days prior to the sale, in a news-
paper published in the city, town, or county where the sale is held, or, if
there be no such newspaper published in such city, town or county, then in
a newspaper published in the city, town, or county nearest thereto having
such newspaper.

§ 6.1-339. From the proceeds of any sale held pursuant to the pro-
visions of the preceding section, the company, bank, trust company,
or other corporation, shall deduct all its charges, as stated in such notice,
together with any further charges that shall have accrued since the mail-
ing thereof, including reasonable expenses for notices, advertising and
sale, together with legal interest on all such charges. The balance, if any,
of such proceeds, shall be deposited to the credit of such renter or lessee,
and the same shall be paid to such renter or lessee or his assignee, or
legal representative, on demand and upon production of satisfactory evi-
dence of identity. The company, bank, trust company or other corpora-
tion shall be liable to such renter or lessee for interest on any balance
so deposited at the rate of three per centum per annum.

§ 6.1-340. Whenever the contents of any such safe or box opened
under the provisions of this chapter shall consist either wholly or in part
of documents or letters or other papers of a private nature, or articles
having a pretium affectionis, such documents, letters, papers or articles
shall not be sold, but shall be retained by the company, bank, trust com-
pany or corporation, but without liability.

§ 6.1-841. The provisions of this chapter shall not preclude any
other remedy by action or otherwise now existing for the enforcement
of the claims of such company, bank, trust company, or other corporation
against the person, partnership, or corporation in whose name such safe
or box stood, nor bar the right of such company, bank, trust company,
or other corporation to recover so much of the debt due it as shall not
be paid by the proceeds of the sale of the property deposited with it.

§ 6.1-342. In any case where such company, bank, trust company,
or other corporation, shall have received for safekeeping from any person,
partnership, or corporation, any package or box to be stored in its general
vault, and the rental for such storage shall have remained unpaid for a
period of three years, such company, bank, trust company, or other cor-
poration, shall have the right to open such package or box and to have
the contents thereof inventoried, upon compliance substantially with the
procedure as to witnesses, notices, and certificates hereinbefore provided
with reference to the opening of any safe deposit vault or box. Should
the rental or other charges for the safekeeping of such package or box
and the charges incident to the opening of the same remain unpaid for a
period of two years from the date of such opening, the contents thereof
may be sold upon compliance substantially with the procedure herein-
before provided for the sale of the contents of any safe deposit vault
or box, and the proceeds of such sale shall be treated in the same manner
hereinbefore provided for the treatment of the proceeds of sale of the
contents of any safe deposit vault or box. |

Chapter 7
DIVISION OF INDUSTRIAL DEVELOPMENT AND PLANNING
§ 2.1-64