dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 2 (LIENS ON FRANCHISES AND PROPERTY OF TRANSPORTATION, ETC., COMPANIES)
§ 43-25. Perfection and enforcement of lien.
No person shall be entitled to the lien given by § 43-24 unless he shall, within ninety days after the last item of his bill becomes due and payable for which such supplies are furnished or service rendered, file in the clerk's office of the circuit court of the county or circuit court of the city in which is located the chief office in this Commonwealth of the company against which the claim is, or in the clerk's office of the Circuit Court of the City of Richmond when such office is in the city, or within that time shall file with the receiver, trustee or assignee of such company, a memorandum of the amount and consideration of his claim, and the time or times when the same is, or will become due and payable, verified by affidavit, which memorandum, if filed with the clerk or in his office, the clerk shall forthwith record in the miscellaneous lien book and index the same in the name of the claimant and also in the name of the company against which the claim is, as required by § 43-4. Any such lien may be enforced in a court of equity.

Code 1919, § 6439; 1928, p. 760.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 2 (LIENS ON FRANCHISES AND PROPERTY OF TRANSPORTATION, ETC., COMPANIES)
§ 43-26. Assignee's rights.
Any assignee of such a claim as is mentioned in the preceding sections may file the memorandum and make the oath required by such sections, and shall have the same rights as his assignor.

Code 1919, § 6440.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 3 (LIENS FOR ADVANCES)
§ 43-27. Repealed.
Repealed by Acts 1964, c. 219.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 3 (LIENS FOR ADVANCES)
§ 43-27.1. When clerk may destroy crop lien agreement and crop lien book.
Any agreement evidencing a lien on crops required by § 43-27 to be docketed in a clerk's office may be destroyed by such clerk after twenty-four months from the date the same is docketed in his office. Any "Crop Lien Book," together with the index thereto, required by § 43-27 to be kept in a clerk's office, may be destroyed by such clerk after twenty-four months from the date the last entry has been made therein, provided the same is replaced with a similar book and index for the recordation of current liens.

1962, c. 109.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 3 (LIENS FOR ADVANCES)
§ 43-28. Repealed.
Repealed by Acts 1964, c. 219.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 3 (LIENS FOR ADVANCES)
§ 43-30. Lien of landlord and other recorded liens not affected by lien given under § 43-27; nor is right to claim exemption.
The lien provided for in § 43-27 shall not affect in any manner the rights of the landlord to his proper share of rents, or his lien for rent or advances, or his right of distress or attachment for the same, nor any lien existing at the time of making the agreement mentioned in such section, which is required by law to be recorded and shall have been admitted to record. Nor shall it affect the right of the party to whom the advances have been made, to claim such part of his crops as is exempt from levy or distress for rent.

Code 1919, § 6455.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 4 (LIENS OF INNKEEPERS, LIVERY STABLE, GARAGE AND MARINA KEEPERS, MECHANICS AND BAILEES)
§ 43-31. Lien of innkeepers, etc.
Every innkeeper and the keeper of a boardinghouse or house of private entertainment shall have a lien upon, and may retain possession of, the baggage and other property of his guest or boarder brought upon his premises, and also upon the property of the employer of such guest or boarder, controlled and brought upon the premises by such guest or boarder in the course of his employment, for the proper charges due from such guest for his board and lodging.

Code 1919, § 6444.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 4 (LIENS OF INNKEEPERS, LIVERY STABLE, GARAGE AND MARINA KEEPERS, MECHANICS AND BAILEES)
§ 43-32. Lien of keeper of livery stable, marina, etc.
A. Every keeper of a livery stable, hangar, tie-down, or marina, and every person pasturing or keeping any horses or other animals, boats, aircraft, or harness, shall have a lien upon such horses and other animals, boats, aircraft, and harness, for the amount that may be due him for the towing, storage, recovery, keeping, supporting, and care thereof, until such amount is paid.

B. In the case of any boat or aircraft subject to a chattel mortgage, security agreement, deed of trust, or other instrument securing money, the keeper of the marina, hangar, or tie-down shall have a lien thereon for his reasonable charges for storage under this section not to exceed $500 and for alteration and repair under § 43-33 not to exceed $1,000. However, in the case of a storage lien, to obtain the priority for an amount in excess of $300, the person asserting the lien shall make a reasonable attempt to notify any secured party of record at the Department of Wildlife Resources by telephonic means and shall give written notice by certified mail, return receipt requested, to any secured party of record at the Department of Wildlife Resources within seven business days of taking possession of the boat or aircraft. If the secured party does not, within seven business days of receipt of the notice, take or refuse redelivery to it or its designee, the lienor shall be entitled to priority for the full amount of storage charges, not to exceed $500. Notwithstanding a redelivery, the watercraft shall be subject to subsection D.

C. In addition, any person furnishing services involving the towing and recovery of a boat or aircraft shall have a lien for all normal costs incident thereto, if the person asserting the lien gives written notice within seven days of receipt of the boat or aircraft by certified mail, return receipt requested, to all secured parties of record at the Department of Wildlife Resources.

D. In addition, any keeper shall be entitled to a lien against any proceeds remaining after the satisfaction of all prior security interests or liens and may retain possession of such property until such charges are paid.

Code 1919, § 6445; 1968, c. 320; 1970, c. 56; 1976, c. 77; 1977, c. 382; 1981, c. 453; 1984, c. 396; 1988, c. 120; 1990, c. 665; 1992, c. 403; 1999, c. 533; 2004, c. 215; 2005, c. 98; 2006, cc. 874, 891; 2009, c. 664; 2016, c. 397; 2020, c. 958.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 4 (LIENS OF INNKEEPERS, LIVERY STABLE, GARAGE AND MARINA KEEPERS, MECHANICS AND BAILEES)
§ 43-33. Lien of mechanic for repairs.
Every mechanic who shall alter or repair any article of personal property at the request of the owner of such property shall have a lien thereon for his just and reasonable charges therefor and may retain possession of such property until such charges are paid.

And every mechanic who shall make necessary alterations or repairs on any article of personal property which from its character requires the making of ordinary repairs thereto as a reasonable incident to its reasonable and customary use, at the request of any person legally in possession thereof under a reservation of title contract, chattel mortgage, deed of trust, or other instrument securing money, the person so in possession having authority to use such property, shall have a lien thereon for his just and reasonable charges therefor to the extent of $1,000. In addition, such mechanic shall be entitled to a lien against the proceeds, if any, remaining after the satisfaction of all prior security interests or liens and may retain possession of such property until such charges are paid. In any action to enforce the lien hereby given all persons having an interest in the property sought to be subjected shall be made parties defendant.

If the owner of the property held by the mechanic shall desire to obtain possession thereof, he shall make the mechanic defendant in proceeding in the county or municipal court to recover the property.

The owner may give a bond payable to the court, in a penalty of the amount equal to the lien claimed by the mechanic and court costs, with security to be approved by the clerk, and conditioned for the performance of the final judgment of the court on the trial of the proceeding, and with a further condition to the effect that, if upon the hearing, the judgment of the court be that the lien of the mechanic on such property, or any part thereof, be enforced, judgment may thereupon be entered against the obligors on such bond for the amount due the mechanic and court costs, if assessed against the owner, without further or other proceedings against them thereon. Upon giving of the bond, the property shall be delivered to the owner.

Code 1919, § 6443; 1924, p. 638; 1956, c. 558; 1966, c. 458; 1968, c. 395; 1973, c. 492; 1974, c. 166; 1980, c. 598; 1984, c. 396; 1999, c. 533; 2005, c. 280; 2016, c. 397.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 4 (LIENS OF INNKEEPERS, LIVERY STABLE, GARAGE AND MARINA KEEPERS, MECHANICS AND BAILEES)
§ 43-34.1. Lien of keeper of hangar or tie-down on aircraft subject to a chattel mortgage.
In the case of any aircraft subject to a chattel mortgage, security agreement, deed of trust or other instrument securing money, the keeper of the hangar or tie-down shall have a lien thereon for his usual and reasonable charges for storage, alteration or repair from the time such lien is perfected as provided herein. Such lien is nonpossessory and shall be deemed a conveyance. To perfect such lien, the following shall be required:

1. The claim of lien shall be signed, under oath, by the claimant, his agent or attorney;

2. The claim of lien shall also be filed within 120 days after completion of alterations or repair or accrual of storage charges, as personal property security interests or liens are recorded, with the State Corporation Commission in accordance with the applicable provisions of Part 5 (§ 8.9A-501 et seq.) of Title 8.9A; and

3. The claim of lien shall also be filed within such 120-day period with the Aircraft Registration Branch of the Federal Aviation Administration.

1993, c. 854.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 4 (LIENS OF INNKEEPERS, LIVERY STABLE, GARAGE AND MARINA KEEPERS, MECHANICS AND BAILEES)
§ 43-35. How and when validity of lien, or claim of other person to property, is tried.
Any person may file his petition, at any time before the property is sold or the proceeds of sale are paid to the plaintiff under the judgment of the court, disputing the validity of the plaintiff's lien thereon, or stating a claim thereto, or an interest in or lien on the same, and its nature; and the court shall inquire into such claim, and if it be found that the petitioner has title to, or a lien on, or any interest in, such property or proceeds of sale, the court shall make such order as is necessary to protect his rights.

Code 1919, § 6450; 2005, c. 839.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 4 (LIENS OF INNKEEPERS, LIVERY STABLE, GARAGE AND MARINA KEEPERS, MECHANICS AND BAILEES)
§ 43-36. Appeals, how taken and tried.
Any party may appeal from the judgment of the general district court, as in case of warrants for small claims under Chapter 6 (§ 16.1-76 et seq.) of Title 16.1, and such appeal shall be heard and determined in like manner, as appeals under such chapter.

Code 1919, § 6451; 2005, c. 839.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 4 (LIENS OF INNKEEPERS, LIVERY STABLE, GARAGE AND MARINA KEEPERS, MECHANICS AND BAILEES)
§ 43-37. Sale of baggage and other personal property held pursuant to § 43-31 or unclaimed.
Whenever any baggage or other personal property is being held by a hotel pursuant to the lien granted by § 43-31, or where such baggage or other personal property has been voluntarily checked with a hotel, such baggage and other personal property may be sold at public auction for cash after it has been so held or checked and has remained unclaimed for more than sixty days, provided that before such sale is held written notice of such sale stating the date and place thereof and a brief description of such baggage or other personal property and the name of the owner thereof, if known, and the amount of the charges, if any, against the same, is sent by registered mail to such owner, if known, at his last known address, if known, at least ten days prior to such sale, and provided that such notice is publicly posted in the lobby of such hotel at least ten days prior to such sale.

1940, p. 269; Michie Code 1942, § 6451b.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 4 (LIENS OF INNKEEPERS, LIVERY STABLE, GARAGE AND MARINA KEEPERS, MECHANICS AND BAILEES)
§ 43-38. Withdrawal from such sale upon payment of charges, interest and expenses.
Such baggage or other personal property shall be withdrawn from sale and released to the owner thereof upon payment to such hotel, at any time prior to such sale, of the debt or charges, if any, against the same, with legal interest thereon and the expenses incurred in preparation for such sale prior to such payment.

1940, p. 270; Michie Code 1942, § 6451c.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 4 (LIENS OF INNKEEPERS, LIVERY STABLE, GARAGE AND MARINA KEEPERS, MECHANICS AND BAILEES)
§ 43-39. Distribution of proceeds of sale.
The proceeds of sale shall be applied to the expenses of such sale, including the expense of notices, and to the satisfaction of the debt or charges, if any, with legal interest against such baggage or other personal property. The surplus, if any, shall be paid by the hotel to the owner of such baggage or other personal property, upon written application filed with such hotel by the owner within thirty days after such sale. If no such application is so filed, then such hotel shall pay over such surplus to the State Treasurer, who shall credit the same to the Literary Fund. Compliance by a hotel with the provisions of this and the two preceding sections (§§ 43-37, 43-38) shall be a complete bar and defense to any claim that may thereafter be made by anyone against such hotel on account of such baggage or other personal property.

1940, p. 270; Michie Code 1942, § 6451d.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 4 (LIENS OF INNKEEPERS, LIVERY STABLE, GARAGE AND MARINA KEEPERS, MECHANICS AND BAILEES)
§ 43-40. Subsequent payment of surplus proceeds to persons entitled thereto.
At any time within ten years after the payment into the state treasury of the surplus proceeds of any such sale as provided in the preceding section (§ 43-39), the former owner or owners of the property so sold, upon evidence of such ownership satisfactory to the Comptroller, shall be paid the principal amount of such surplus proceeds so paid into the state treasury out of any moneys held in reserve on the books of the Department of Accounts for the benefit of the Literary Fund upon warrant of the Comptroller. If any such claim be disallowed in whole or in part by the Comptroller, it may be recovered in the manner and subject to the conditions and limitations provided in §§ 8.01-192 through 8.01-195 and 8.01-255 for recovering claims against the Commonwealth.

1940, p. 270; Michie Code 1942, § 6451e.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 5 (LIENS ON OFFSPRING OF CERTAIN ANIMALS)
§ 43-41. Lien on offspring of stallion or jackass.
When the owner of a mare or jennet breeds the same to any stallion or jackass whereby such mare or jennet shall become in foal and is delivered of a live colt, the owner of any such stallion or jackass shall have a lien upon the colt for a period of twelve months, or until the price agreed upon for the season or service by the owner of the stallion or jackass and the owner of the mare or jennet be paid. Such lien shall not extend for a longer period than twelve months, and after judgment has been taken for the amount of such fee, then, unless the same is paid, the officer in whose hands the fieri facias is placed for collection may proceed to levy on and sell such colt for the aforesaid fieri facias and costs, and he shall be entitled to the same fees for his services as is provided for by the existing law.

Code 1919, § 6446; Tax Code, § 439.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 5 (LIENS ON OFFSPRING OF CERTAIN ANIMALS)
§ 43-42. Recordation of lien given by preceding section.
The lien given by the preceding section (§ 43-41), if reduced to writing, shall be recorded in the miscellaneous lien book and shall be operative from the recordation thereof and if the lien is not reduced to writing, it shall, upon application of the owner of the stallion or jackass, be recorded by the clerk of the circuit court of the county in which the foal is foaled in such book in the following form:

......................(giving the name of the owner of the stallion or jackass)

versus.................(giving the name of the owner of the colt). The owner

of the stallion or jackass claims a lien on a colt less than twelve months
old for $..........., for the get thereof.

Code 1919, § 6446; 1994, c. 432.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 5 (LIENS ON OFFSPRING OF CERTAIN ANIMALS)
§ 43-43. Lien on offspring of bull.
A person owning a bull in this Commonwealth shall have a lien on the get of such bull for the period of six months from the date of the birth of such get, for the price agreed upon between him and the owner of any cow served by such bull; however, this lien shall not hold good as against an innocent purchaser for value and without notice, except when the lien has been admitted to record, which may be done in the following form:

..................… (giving the name of the owner of the bull) versus…

(giving the name of the owner of the calf). The owner of the bull claims a
lien on a calf less than six months old for $................, for the get
thereof.

It shall be the duty of the clerk of the county in which the calf is calved
to place the same on record in the miscellaneous lien book.

Code 1919, § 6447; Tax Code, § 439; 1994, c. 432.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 6 (LIENS OF CHATTEL DEEDS OF TRUST UPON CROPS, FARM MACHINERY, ETC. [Repealed])
§ 43-44. Repealed.
Repealed by Acts 1964, c. 219.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 7 (MISCELLANEOUS LIENS)
§ 43-62. Lien for farm products consigned to commission merchant.
Whenever any farm products shall have been consigned to any commission merchant for sale, and he shall have made sale thereof and become insolvent or die before paying over the proceeds of the sale thereof to, or on account of, the consignor or owner of the farm products, the claim of such consignor or owner, when legally proved, shall be a lien on the estate of the commission merchant subject only to such liens as were created on the estate and recorded prior to his insolvency or death.

The benefit of this section shall not accrue to any consignor or owner who, without requesting payment, shall allow such proceeds to remain with such commission merchant at interest, nor to any consignor or owner who, without requesting payment, shall allow such proceeds to remain in the hands of such commission merchant more than 30 days after becoming informed of such sale.

Jurisdiction is hereby given to circuit courts to enforce the provisions of this section.

Code 1919, § 6448; 2005, c. 681.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 7 (MISCELLANEOUS LIENS)
§ 43-63. Lien for cleaning, laundering, dyeing, pressing or storing clothing, rugs and other fabrics.
Every person, firm, association and corporation engaged in the business of cleaning, laundering, dyeing and pressing or storing clothing, carpets, rugs and other fabrics shall have a lien upon such clothing, carpets, rugs or other fabrics for the amount which may be due for the cleaning, dyeing, pressing or storage thereof, and may retain such clothing, carpets, rugs or other fabrics until such amount is paid.

If the debt for which a lien is given under this section be not paid within ninety days after it is due, the property subject to such lien, or so much thereof as may be necessary to satisfy such lien, may be sold by the person, firm, association or corporation holding such lien at public auction for cash, and the proceeds of such sale applied to the expenses thereof, and to pay the debt, and the surplus, if any, shall be paid to the owner of such property. Before making such sale the person, firm or corporation holding such lien shall give ten days' written notice thereof by registered mail sent to the last known post-office address of such owner, and, in addition thereto, shall advertise the time and place thereof in such manner as to give it reasonable publicity; provided that if the owner at the time of leaving such property to be cleaned, laundered, dyed, pressed or stored is given a ticket or other receipt therefor which bears on its face in type not smaller than eight point the words, "The property evidenced hereby may be sold if unclaimed after one hundred and eighty days except in the case of stored property which shall not be subject to sale until such property is unclaimed for two hundred forty days," then notice of sale by mail and other advertisement shall not be required. A copy of this section shall be prominently displayed in the place of business in which any such property is left by the owner.

1938, p. 613; Michie Code 1942, § 6451a; 1964, c. 272; 1973, c. 317.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 7 (MISCELLANEOUS LIENS)
§ 43-63.1. Repealed.
Repealed by Acts 2003, c. 455.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 8 (MISCELLANEOUS PROVISIONS)
§ 43-64. How notices served, acts done, etc., in case of bankruptcy, death or absconding.
Whenever any act is required to be done by, or notice is to be given to, a person mentioned in any section of this title, or of Chapter 17 (§ 8.01-426 et seq.) of Title 8.01, if such person become bankrupt, the act may be done by, or the notice given to, either the bankrupt or his trustee; or if such person die, the act may be done by, or the notice given to, his personal representative; or if he abscond, the notice may be given to any person over the age of sixteen years found at his last known place of business or residence, or if no such person be found there, by posting the same at the front door of such place of business or residence, or at some other conspicuous part of the building, or he may be proceeded against by order of publication as a nonresident of the Commonwealth.

Code 1919, § 6442; 1944, p. 338.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 8 (MISCELLANEOUS PROVISIONS)
§ 43-65. Protection of assignees, transferees or endorsees of debts secured by mechanics' or crop liens.
Whenever any debt secured on real estate or personal property by a mechanics' or crop lien has been assigned, transferred, or endorsed to another, in whole or in part by the original payee thereof, such payee, assignee, transferee, or endorsee may cause a memorandum or statement of the assignment to such assignee, transferee, or endorsee to be recorded, which memorandum or statement shall be signed by the assignor, transferrer, or endorser, or his duly authorized agent or attorney, and when so signed and the signature thereto attested by the clerk in whose office such encumbrance is recorded the same shall operate as a notice of such assignment and transfer. Such assignment, transfer, or endorsement shall reference the book and page where the original debt secured on real estate or personal property is recorded. And where such transfer by the payee is so entered in the proper book, subsequent transfers may likewise be entered in the same manner and with like effect. Provided, however, this section shall not apply to conditional sales contracts of personal property.

Code 1919, § 6457; 1932, p. 548; 1934, p. 249; 2014, c. 330.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 8 (MISCELLANEOUS PROVISIONS)
§ 43-66. Purchaser not affected by liens of Mutual Assurance Society against Fire.
The lien of the Mutual Assurance Society against Fire on buildings in the Commonwealth of Virginia upon property insured therein for quotas assessed against the policies of such property owners shall not be valid against purchasers of such property for valuable consideration without notice of the existence of such insurance, except from the time the Society shall have complied with the provisions of this section. The Society shall have prepared and kept in the clerk's office of the Circuit Court of the City of Richmond, and of the circuit court of each county and the circuit court of each city in which the Society insures property, a book to be called the "Mutual Assurance Society's Lien Book." Such book when left with the clerk shall become a public record and shall be kept open to the inspection of the public. The Society shall have entered in such book a brief description of the property insured by it upon which it claims a lien, the date and amount of the policy and the name of the parties to whom the policy was issued, and the date of the entry shall be made in such book.

Code 1919, § 6458.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 9 (RELEASE OF LIENS)
§ 43-67. Release of mechanic's lien upon payment or satisfaction.
When payment or satisfaction has been made of a debt secured by a mechanic's lien it shall be released in the manner provided in §§ 55.1-339 and 55.1-341, insofar as appropriate.

Code 1919, § 6456; 1926, p. 80; 1930, p. 69; 1932, p. 120; 1944, p. 198.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 9 (RELEASE OF LIENS)
§ 43-68. Releases made by court.
Any person who owns or has any interest in real estate or personal property on which such lien exists may, after twenty days' notice thereof to the person entitled to such lien, apply to the circuit or corporation court of the county or corporation in whose clerk's office such encumbrance is recorded, or to the Circuit Court of the City of Richmond, if it be in the clerk's office of such court, to have the same released or discharged; and upon proof that it has been paid or discharged, or upon its appearing to the court that more than twenty years have elapsed since the maturity of the lien, raising a presumption of payment, and which is not rebutted at the hearing, or upon proof that no suit, as defined by § 43-17, has been brought to enforce the same within the time prescribed by such section; such court shall order the same to be recorded by the clerk. Such release shall reference the book and page where the original lien securing such interest in real estate or personal property is recorded.

All releases made prior to June 24, 1944, by any court under this section upon such presumption of payment so arising and not rebutted, shall be validated.

Code 1919, § 6456; 1926, p. 81; 1930, p. 70; 1932, p. 121; 1944, p. 199; 2014, c. 330.

Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 9 (RELEASE OF LIENS)
§ 43-69. Repealed.
Repealed by Acts 1994, c. 432.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 9 (RELEASE OF LIENS)
§ 43-70. Release of mechanic's lien upon payment into court or filing of bond after suit brought.
In any suit brought under the provisions of § 43-22, the owner of the building and premises to which the lien, or liens, sought to be enforced shall have attached, the general contractor for such building or other parties in interest may, after five days' notice to the lienor, or lienors, apply to the court in which such suit shall be pending, or to the judge thereof in vacation, for permission to pay into court an amount of money sufficient to discharge such lien, or liens, and the costs of the suit or for permission to file a bond in the penalty of double the amount of such lien, or liens, and costs, with surety to be approved by the court, or judge, conditioned for the payment of such judgment adjudicating the lien or liens to be valid and determining the amount for which the same would have been enforceable against the real estate as may be rendered by the court upon the hearing of the case on its merits, which permission shall be granted by the court, or judge, in either such case, unless good cause be shown against the same by some party in interest.

Upon the payment of such money into court, or upon the filing of such bond, as the case may be, after the court has granted permission for the same to be done, the property affected thereby shall stand released from such lien, or liens, and the money so paid in, or the bond so filed, as the case may be, shall be subject to the final judgment of the court upon the hearing of the case on its merits.

1936, p. 492; Michie Code 1942, § 6437a; 1962, c. 166; 1976, c. 388; 1992, c. 532.
Code of Virginia — Title 43 (Mechanics' and Certain Other Liens), Chapter 9 (RELEASE OF LIENS)
§ 43-71. Release of mechanic's lien upon payment into court or filing bond before suit.
At any time after the perfecting of any such lien and before a suit be brought for the enforcement thereof, the owner of the property affected thereby, the general contractor or other parties in interest may, after five days' notice to the lienor, apply to the court having jurisdiction of a suit for the enforcement of such lien, or to the judge thereof in vacation, for permission to make such payment into court, or to file such bond, as prescribed in § 43-70, which permission, in either such event, shall be granted by such court, or judge, unless good cause be shown against the same by some party in interest. Upon the granting of such permission, and the payment of such money into court, or the filing of such bond, as the case may be, the property affected thereby shall stand released from such lien.

Such money, or bond, as the case may be, shall be held under the control of the court and shall be subject to the final judgment of the court adjudicating the lien or liens to be valid and determining the amount for which the same would have been enforceable against the real estate in any suit or action thereafter brought for the ascertainment of the rights of the parties in interest, with respect hereto, or, shall be paid out and disposed of as the parties in interest may direct, in the event the matters in controversy with respect thereto be settled and adjusted between the parties without suit or action.

The sureties on any such bond, which may be involved in any suit or action brought under the provisions of this section, shall be made parties to such suit or action.

1936, p. 493; Michie Code 1942, § 6437b; 1962, c. 166; 1976, c. 390; 1992, c. 532.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-1. Composition of militia.
The militia of the Commonwealth of Virginia shall consist of all able-bodied residents of the Commonwealth who are citizens of the United States and all other able-bodied persons resident in the Commonwealth who have declared their intention to become citizens of the United States, who are at least 16 years of age and, except as hereinafter provided, not more than 55 years of age. The militia shall be divided into three classes: the National Guard, which includes the Army National Guard and the Air National Guard; the Virginia Defense Force; and the unorganized militia.

1930, p. 948; 1942, p. 642; Michie Code 1942, § 2673(1); 1944, p. 24; 1958, c. 393; 1970, c. 662; 1973, c. 401; 1976, c. 399; 1979, c. 647; 1984, c. 765; 1989, c. 414; 2011, cc. 572, 586; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-10. Divisions of military staff.
The military staff shall be divided into (a) the personal staff of the Governor and (b) the administrative staff.

The personal staff of the Governor shall be constituted as now prescribed by law.

The administrative staff shall be as is authorized by the Secretary of Defense of the United States and shall perform such duties as the commander in chief may direct.

1930, p. 950; Michie Code 1942, § 2673(10); R. P. 1948, § 44-10; 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-100. No action allowed on account of military duties; counsel for members sued or prosecuted.
No action or proceeding shall be prosecuted or maintained against a member of a military court, or officer or person acting under its authority or reviewing its proceedings, on account of the approval or imposition or execution of any sentence, or the imposition or collection of fine or penalty, or the execution of any warrant, writ, execution, process, or mandate of a military court, nor shall any member of the Virginia National Guard or Virginia Defense Force be liable to civil action or suit or criminal prosecution for any act done while in the discharge of his military duty.

If any member of the Virginia National Guard or Virginia Defense Force is sued civilly or arrested, indicted, or otherwise prosecuted for any act committed in the discharge of his official duty while on state duty, the Adjutant General may employ special counsel approved by the Attorney General to defend such member. The compensation for special counsel employed pursuant to this section shall, subject to the approval by the Attorney General, be paid out of the funds appropriated for the administration of the Department of Military Affairs.

1930, p. 967; Michie Code 1942, § 2673(85); 1972, c. 416; 1973, c. 401; 1984, c. 765; 2011, cc. 572, 586; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-101. Repealed.
Repealed by Acts 1958, c. 544.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-102. Commission not to vacate civil office.
Any citizen of the Commonwealth may accept and hold a commission in the Virginia National Guard and receive pay therefrom or a commission in the Virginia Defense Force or armed forces reserve of the United States, without thereby vacating any civil office or position or commission held by him; and the acceptance or holding of any such commission, and receiving pay therefrom shall not constitute such holding of an office of trust and profit under the government of the Commonwealth and of the United States as shall be incompatible with the holding of any civil office, legislative or judicial, or position or commission under the government of the Commonwealth.

1930, p. 968; Michie Code 1942, § 2673(87); 1958, c. 393; 1984, c. 765; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-102.1. Rights, benefits and protections upon call to active duty; contract termination.
A. Any right, benefit, or protection that may accrue to a member of the Virginia National Guard under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), as a result of a call to federal active duty service under Title 10 of the United States Code shall be extended to a member of the Virginia National Guard called to active duty service under Title 32 of the United States Code, or to state active duty by the Governor, if the active duty orders are for a period of 30 consecutive days or more. In addition, if a member of the Virginia National Guard is called to state active duty by the Governor, the employer shall ensure that the member has the option of continuing, at the member's expense, his health care coverage, life insurance, or long-term care insurance.

B. Any member of the United States Armed Forces or Virginia National Guard who receives permanent change of station orders or has received temporary duty orders in excess of three months' duration, his spouse, or his dependent may, at any time prior to the conclusion of his period of service, terminate without penalty a contract for the following services:

1. Telecommunication services;

2. Internet services;

3. Television services;

4. Athletic club or gym memberships;

5. Satellite radio services; or

6. Service for an alarm system as defined in § 15.2-911.

It shall be a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) for a service provider to fail to comply with the provisions of this subsection.

2003, c. 769; 2010, cc. 811, 861; 2011, cc. 572, 586; 2017, c. 293.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-102.1:1. Benefits upon call to active duty under a state of emergency; health care premiums.
A. As used in this section:

"Department" means the Department of Military Affairs.

"Service member" means a member of the Virginia National Guard or the Virginia Defense Force.

"State of emergency" has the same meaning as provided in § 44-146.16.

B. If the Governor has declared a state of emergency that activated the Virginia National Guard or the Virginia Defense Force, then the Department is authorized to pay, for any service member who has served under such activation for a period of at least 14 consecutive days, the portion of the premium for such service member's health care coverage previously paid by the service member's employer, provided that the service member provides satisfactory evidence to the Department demonstrating that (i) immediately prior to being called to state active duty, the service member was employed and received health care coverage through his employer, (ii) the employer paid a premium to maintain the service member's health care coverage, and (iii) as a result of the service member's state active duty status, the employer is no longer paying such premium.

C. Any payment made by the Department pursuant to this section shall cover only the portion of the premium previously paid by the service member's employer from day 15 of the service member's state active duty until the date the service member is discharged from state active duty. Such payments may also cover dependents of the service member.

D. The Department may use the sum sufficient identified in the relevant state of emergency declaration for any payment authorized by this section.

E. The Department shall establish policies, procedures, and protocols to implement and record any payment authorized by this section.

F. On or before November 1, 2022, and annually thereafter, the Department shall report to the Secretary of Veterans and Defense Affairs all payments made pursuant to this section.

G. Nothing in this section shall create a legal cause of action against the Commonwealth or the Department.

H. The Adjutant General may maintain state active-duty status for any service member injured while in the line of duty during the course of a state active-duty mission who is unable, due to his injury, to return to civilian employment. Such authorization shall be limited to 90 days after the date of the service member's injury. The Adjutant General shall limit pay and allowances to the service member to the lesser of either the amount that the service member received from his civilian employment prior to his mobilization or the amount of federal active duty pay and allowances for that service member's rank and years of service.

2022, cc. 372, 373; 2024, c. 226.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-102.2. Virginia Military Family Relief Fund established.
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Military Family Relief Fund (the Fund). The Fund shall be established on the books of the Comptroller and administered by the Office of the Adjutant General for the purposes set forth herein. All moneys as may be appropriated by the General Assembly, private gifts, grants, or donations contributed to the Fund, and revenues received by the Commonwealth for the Fund pursuant to § 58.1-344.3 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of assisting members of the Virginia National Guard and Virginia residents who are members of the reserves of the armed forces of the United States who have been called to extended federal active duty for periods in excess of 90 days and missions in support of Virginia civil authorities, including state active duty and federal defense support to civil authority missions, for periods in excess of 30 days, and their families, with living expenses including, but not limited to food, housing, utilities, and medical services. Assistance may be provided from the Fund from the date of entry into active duty until 180 days after release from active duty. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Adjutant General.

B. The Adjutant General shall submit an annual report to the Governor and the chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations of the General Assembly. The report shall detail:

1. The expenditures of the Fund, including the amount of awards provided from the Fund to each branch of service, the amount of individual and family assistance provided, the qualifications of the recipients, and the balance available in the Fund for future disbursements; and

2. The name, address, rank, branch of service, deployment location, and amount of financial assistance provided to each recipient. The information provided under this subdivision that identifies a recipient or members of the recipient's family or the deployment location of any member of the Virginia National Guard or the reserves of the armed forces of the United States shall be confidential and shall not be subject to public disclosure.

2006, cc. 103, 479; 2007, cc. 73, 911; 2015, c. 320.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-103. Deposit in armories or headquarters for safekeeping.
All arms, equipment and ordnance stores, which shall be furnished to the several commands under the provisions of this chapter, shall be deposited in the armories or headquarters of such commands for safekeeping.

1930, p. 968; Michie Code 1942, § 2673(88).

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-104. Care required and liability of officers.
All commissioned officers of the Virginia National Guard and Virginia Defense Force shall exercise the strictest care and vigilance for the preservation of the uniforms, arms, supplies, equipment and military property furnished to their several commands under the provisions of this chapter. Any officer receiving public property for military use shall be responsible for the articles so received by him; and he shall not transfer such property, or any portion thereof, to another, either as a loan or permanently, without the authority of the Adjutant General, or his duly authorized representative.

1930, p. 968; Michie Code 1942, § 2673(89); 1958, c. 393; 1984, c. 765; 2011, cc. 572, 586; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-105. Repealed.
Repealed by Acts 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-106. Upon disbandment of organization, or call into active federal service, commanding officer to return certain property to Adjutant General.
Upon the disbandment of any organization, or call into active federal service of such organization, which has received arms, supplies or equipment from the Adjutant General, in accordance with the provisions of this chapter, the commanding officer of such organization shall be responsible for the safe return to the custody of the Adjutant General of all such public property in possession of the organization, except for such federally owned property that may be required by federal law to be retained by such organization in the federal service.

1930, p. 968; Michie Code 1942, § 2673(91); 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-107. Use for private purposes forbidden.
No officer or enlisted person shall use, except upon military duty any article of military property belonging to the United States or to the Commonwealth.

1930, p. 969; Michie Code 1942, § 2673(92); 1958, c. 393.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-108. Officers and enlisted persons personally liable for military property.
Every officer and enlisted person to whom any article of military property is delivered in pursuance of the provisions of this chapter shall be held personally responsible for its care, safekeeping, and return. He shall use the same for military purposes only, and upon receiving a discharge, or otherwise leaving the military service, or upon demand of his commanding officer or the Adjutant General, shall forthwith surrender and deliver such property in as good order and condition as the same was at the time he received it, reasonable fair wear and tear excepted. As insurance for compliance with the provisions of this chapter, the Adjutant General may require the bonding of any or all such officers or enlisted persons in an amount that he may deem appropriate, commensurate with the responsibilities of such officers or enlisted persons. The cost of such bonds shall be borne from funds appropriated for the operation of the Department of Military Affairs, and shall be without cost to the individual officer and/or enlisted person bonded.

1930, p. 969; Michie Code 1942, § 2673(93); 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-109. Punishment for injuries to military property.
Whoever shall willfully or maliciously destroy, injure, or deface any arms or articles of military property belonging to the United States or to the Commonwealth, or receive any property in violation of the preceding sections of this chapter, shall be deemed guilty of a misdemeanor and be fined not exceeding double the amount of the value of the property so injured or defaced, or, in the discretion of the jury, be imprisoned in jail not less than two weeks nor more than two months.

1930, p. 969; Michie Code 1942, § 2673(94).