Sec. 18. [Redemption.] If the seller does not give the no2 tice of intention to retake described in section seventeen, he shall 3 retain the goods for ten days after the retaking within the state 4 in which they were located when retaken, during which period 5 the buyer, upon payment or tender of the amount due under 6 the contract at the time of retaking and interest, or upon per7 formance or tender of performance of such other condition as 8 may be named in the contract as precedent to the passage of the 9 property in the goods, or upon performance or tender of per10 formance of any other promise for the breach of which the 11 goods were retaken, and upon payment of the expenses of re12 taking, keeping and storage, may redeem the goods and become 13 entitled to take possession of them and to continue in the per14 formance of the contract as if no default had occurred. Upon 15 written demand delivered personally or by registered mail by 16 the buyer, the seller shall furnish to the buyer a written state17 ment of the sum due under the contract and the expense of re18 taking, keeping and storage. For failure to furnish such state19 ment within a reasonable time after demand, the seller shall for20 feit to the buyer ten dollars and also be liable to him for all dam21 ages suffered because of such failure. If the goods are perishable 22 so that retention for ten days as herein prescribed would result 23 in their destruction or substantial injury, the provisions of this 24 section shall not apply, and the seller may resell the goods im25 mediately upon their retaking. The provision of this section re26 quiring the retention of the goods within the state during the 27 period allowed for redemption shall not apply to the goods de28 scribed in section eight. Sec. 19. [Compulsory Resale by Seller.] If the buyer does 2 not redeem the goods within ten days after the seller has retaken 3 possession, and the buyer has paid at least fifty per cent. of the 4 purchase price at the time of the retaking, the seller shall sell 5 them at public auction in the state where they were at the time 6 of the retaking, such sale to be held not more than thirty days 7 after retaking. The seller shall give to the buyer not less than 8 ten days' written notice of the sale, either personally or by regis9 tered mail, directed to the buyer at his last known place of busi10 ness or residence. The seller shall also give notice of the sale 11 by at least three notices posted in different public places within 12 the county where the goods are to be sold, at least five days 13 before the sale. If at the time of the retaking five hundred dollars 14 or more has been paid on the purchase price, the seller shall also 15 give notice of the sale at least five days before the sale by publica16 tion in a newspaper published or having a general circulation with17 in the county where the goods are to be sold. The seller may 18 bid for the goods at the resale. If the goods are of the kind de19 scribed in section eight, the parties may fix in the conditional 20 sale contract the place where the goods shall be resold. Sec. 20. [Resale at Option of Parties.] If the buyer has not 2 paid at least fifty per cent. of the purchase price at the time of 3 the retaking, the seller shall not be under a duty to resell the 4 goods as prescribed in section nineteen, unless the buyer serves 5 upon the seller, within ten days after the retaking, a written 6 notice demanding a resale, delivered personally or by registered 7 mail. If such notice is served, the resale shall take place within 8 thirty days after the service, in the manner, at the place and upon 9 the notice prescribed in section nineteen. The seller may volun10 tarily resell the goods for account of the buyer on compliance with 11 the same requirements. Sec. 21. [Proceeds of Resale.] The proceeds of the resale 2 shall be applied (1) to the payment of the expenses thereof, (2) 3 to the payment of the expenses of retaking, keeping and storing 4 the goods, (3) to the satisfaction of the balance due under the 5 contract. Any sum remaining after the satisfaction of such claims 6 shall be paid to the buyer. Sec. 22. [Deficiency on Resale.] If the proceeds of the resale 2 are not sufficient to defray the expenses thereof, and also the 3 expenses of retaking, keeping and storing the goods and the bal4 ance due upon the purchase price, the seller may recover the 5 deficiency from the buyer, or from anyone who has succeeded to 6 the obligations of the buyer. Sec. 23. [Rights of Parties Where There is no Resale.] Where 2 there is no resale, the seller may retain the goods as his own 3 property without obligation to account to the buyer except as pro4 vided in section twenty-five, and the buyer shall be discharged 5 of all obligation. Sec. 24. [Election of Remedies.] After the retaking of 2 possession as provided in section sixteen the buyer shall be liable. 3 for the price only after a resale and only to the extent provided 4 in section twenty-two. Neither the bringing of an action by the sel 5 ler for the recovery of the whole or any part of the price, nor the 6 recovery of judgment in such action, nor the collection of a por7 tion of the price, shall be deemed inconsistent with a later retak8 ing of the goods as provided in section sixteen. But such right 9 of retaking shall not be exercised by the seller after he has col10 lected the entire price, or after he has claimed a lien upon the 11 goods, or attached them, or levied upon them as the goods of the 12 buyer. Sec. 25. [Recovery of Part Payments.] If the seller fails to 2 comply with the provisions of sections eighteen, nineteen, twenty, 3 twenty-one and twenty-three after retaking the goods, the buyer 4 may recover from the seller his actual damages, if any, and in no 5 event less than one-fourth of the sum of all payments which have 6 been made under the contract, with interest. Sec. 26. [Waiver of Statutory Protection.] No act or agree2 ment of the buyer before or at the time of the making of the 3 contract, nor any agreement or statement by the buyer in such 4 contract, shall constitute a valid waiver of the provisions of sec5 tions eighteen, nineteen, twenty, twenty-one and twenty-five except that the contract may stipulate that on such default of the buyer as is provided for in section sixteen, the seller may rescind the 8 conditional sale, either as to all the goods or as to any part there9 of for which a specific price was fixed in the contract. If the con10 tract thus provides for rescission, the seller at his option may retake 11 such goods without complying with or being bound by the pro12 visions of sections seventeen to twenty-five, inclusive, as to the 13 goods retaken, upon crediting the buyer with the full purchase 14 price of those goods. So much of this credit as is necessary to can15 cel any indebtedness of the buyer to the seller shall be so applied, 16 and the seller shall repay to the buyer on demand any surplus not 17 so required. Sec. 27. [Loss and Increase.] After the delivery of the goods 2 to the buyer and prior to the retaking of them by the seller, the 3 risk of injury and loss shall rest upon the buyer. The increase 4 of the goods shall be subject to the same conditions as the orig5 inal goods. Sec. 28. [Act Prospective Only.] This act shall not apply to 2 conditional sales made prior to the time when it takes effect. Sec. 29. [Rules for Cases not Provided for.] In any case not 2 provided for in this act the rules of law and equity, including 3 the law merchant, and in particular those relating to principal 4 and agent and to the effect of fraud, misrepresentation, duress 5 or coercion, mistake, bankruptcy, or other invalidating cause, shall 6 continue to apply to conditional sales. Sec. 30. [Uniformity of Interpretation.] This act shall be 2 so interpreted and construed as to effectuate its general purpose 3 to make uniform the law of those states which enact it. Sec. 31. [Short Title.] This act may be cited as the Uniform 2 Conditional Sales Act. Sec. 32. [Inconsistent Laws Repealed.] Except so far as 2 they are applicable to conditional sales made prior to the time 3 when this act takes effect, all acts and parts of acts inconsistent 4 herewith shall be and hereby are repealed. CHAPTER 76 (House Bill No. 1—Mr. McClintic, of Kanawha.) AN ACT to amend and re-enact section five of chapter one hundred and thirty-seven of the code relating to fees of commissioners in chancery. [Passed April 18, 1921. Effective ninety days from passage. the Governor April 25, 1921.] Approved by SEC. Commissioner in chancery; fees of: Be it enacted by the Legislature of West Virginia: That section five of chapter one hundred and thirty-seven of the code of West Virginia be amended and re-enacted so as to read as follows: Section 5. For any service, such fees as the court of which he 2 is commissioner may from time to time prescribe (except as pro3 vided in chapter sixty-six of the code), not exceeding one dollar 4 where less than an hour is employed, and if more than 5 an hour be employed, not exceeding the rate of one dollar for 6 each hour, or in lieu thereof, twenty-five cents per hundred 7 words, as the commissioner may elect. A commissioner 8 returning a report shall annex thereto a certificate, under oath 9 that he was actually and necessarily employed for a number of 10 hours, to be stated therein, in performing the services for which 11 the fees stated at the foot thereof are charged. Until such certifi12 cate is made, no such fees shall be allowed or paid. A commis13 sioner shall not be compelled to make out or return a report until 14 his fees therefor be paid or security given him to pay so much 15 as may be adjudged right by the court to whom the report is 16 to be returned, or if it be a circuit court, by the judge thereof 17 in vacation, unless the court or judge see cause to order it to be 18 made out and returned without such payment or security, and 19 shall so order. CHAPTER 77 (Senate Bill No. 309-Mr. Harmer.) AN ACT to amend and re-enact section thirteen of chapter one hundred and twelve of the code. Passed April 22, 1921. In effect ninety days from passage. without the approval of the Governor.] SEC. 13. Special judge in criminal and civil Be it enacted by the Legislature of West Virginia: Became a law That section thirteen of chapter one hundred and twelve of the code be amended and re-enacted so as to read as follows: Section 13. The judge so elected or appointed, shall receive for 2 his services, while sitting as such judge, fifteen dollars per day, 3 to be certified by the court and paid out of the state treasury. This and the two next preceding sections shall apply as well to 5 criminal as to civil causes. CHAPTER 78 (House Bill No. 471-Mr. Stathers.) AN ACT to amend and re-enact section four of chapter one hundred and nineteen, of the code of one thousand nine hundred and sixteen, relating to the prevention of the unlawful practice of law. [Passed April 20. 1921. In effect ninety days from passage. Became a law without the approval of the Governor.] SEC. SEC. 4-a. Same provisions as to corpora- |