13.1-330 - Recordation of marketing contracts. - Virginia Statutes

§ 13.1-330. Recordation of marketing contracts.

(a) Whenever any body of agricultural producers, cooperative corporationcomposed of agricultural producers or cooperative marketing associationincorporated under the laws of this Commonwealth, or under the laws of anyother state of the United States and licensed to do business in thisCommonwealth, which is engaged in marketing agricultural products, other thanleguminous food products, for its members shall prepare and deliver to theclerk of any court in this Commonwealth in the office of whom deeds areadmitted to record, a book to be called "the contract book of . . . . . . .. . . ." (namely the body, corporation or association), such book shallthereupon become a public record book of such clerk's office, and it shall bethe duty of such clerk to record therein the matters and things authorized bythe succeeding section.

(b) At any time after any such book shall have been so delivered to the clerkas provided herein, the body, corporation or association which has deliveredthe same may request the clerk to whom such book has been delivered to recordtherein any marketing contracts or agreements which have been entered into bysuch body, corporation or association and any members thereof; provided,however, that if any such contracts or agreements be in the same words andfigures as any other contracts or agreements with any other members of thebody, corporation or association, and be separately signed by such members ofthe body, corporation or association, such body, corporation or associationmay have one of such contracts or agreements recorded in extenso in suchbook, and may furnish the clerk with a list of the names of persons appearingon such contracts as signers thereof, with the dates of the signaturesrespectively, whereupon the clerk shall record such names as signers of suchcontracts or agreements, with the dates of their signatures, respectively, sofurnished. Such recordation of the list of signers so furnished shall beequivalent to the recordation in extenso of the contract or agreement of eachsigner thereon. Such copy of such contract or agreement and such list ofnames of persons appearing on such contracts as signers thereof shall besworn to by some officer of the body, corporation or association cognizant ofthe facts before some officer authorized to take acknowledgments to deeds.But in no case shall any such contract or agreement be deemed to be recordedas to any signer thereof until his name shall be indexed in such book by theclerk, which indexing the clerk is hereby required to do.

(c) When the provisions of the two preceding subsections shall have beencomplied with, and any such recordation as is therein mentioned is made inthe county in which is situated the land on which the produce covered by theparticular marketing contract or agreement concerned is grown or produced,such recordation shall operate as constructive notice of the existence ofsuch contract or agreement, and of the terms thereof, and all personscontracting or dealing with any such member in relation to any such producecovered by such contract or agreement shall be bound thereby; and all rightsor liens acquired by any such person in such produce subsequent to the dateof such recordation shall be subject in all respects to the rights of thebody, corporation or association under such contract or agreement; provided,however, that nothing herein contained shall affect the statutory lien of alandlord for advances made to a tenant, or for rent; and provided, also, thatnothing herein contained shall affect a bona fide purchaser of anyagricultural product, upon the floor of any public warehouse, when suchpurchaser is without actual notice of the rights of the body, corporation orassociation under such contract or agreement nor a warehouseman selling suchproducts at public auction on his warehouse floor, without actual notice ofsuch contract or agreement.

(d) For making the recordations authorized by this section, the clerk shallbe entitled to the following fees, to be paid by the body, corporation orassociation for which the service is performed: for recording a contract oragreement in extenso, the same fees as for recording a deed; for recording asworn list of names when furnished as above provided, two cents for eachperson. No tax shall be charged on the recordations authorized hereby.

(Code 1950, §§ 13-280 to 13-283; 1956, c. 428.)