Terms Used In Virginia Code > Title 8.7 > Part 4 - Warehouse Receipts and Bills of Lading: General Obligations

• Agency action: means either an agency's regulation or case decision or both, any violation, compliance, or noncompliance with which could be a basis for the imposition of injunctive orders, penal or civil sanctions of any kind, or the grant or denial of relief or of a license, right, or benefit by any agency or court. See Virginia Code 2.2-4001
• Agreement: means the same as that term is defined in subdivision (b)(3) of § 8. See Virginia Code 29.1-733.2
• Agricultural commodity: means any plant or part thereof, animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, nurserymen, wood treaters not for hire, or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animals. See Virginia Code 3.2-3900
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: as used in this subtitle , shall include an assessment made pursuant to notice by the Department of Taxation and self-assessments made by a taxpayer upon the filing of a return or otherwise not pursuant to notice. See Virginia Code 58.1-1820
• Bailee: means the person who by a warehouse receipt, bill of lading or other document acknowledges possession of goods and contracts to deliver them. See Virginia Code 8.7-102
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Barge: means a watercraft that is not self-propelled or fitted for propulsion by sail, paddle, oar, or similar device. See Virginia Code 29.1-733.2
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Business: means any type of corporation, partnership, limited liability company, association, or sole proprietorship operated for profit. See Virginia Code 2.2-4301
• Buyer: means a person that buys or contracts to buy a watercraft. See Virginia Code 29.1-733.2
• Buyer in ordinary course of business: means the same as that term is defined in subdivision (b)(9) of § 8. See Virginia Code 29.1-733.2
• Certificate: means the document issued to a certified applicator or registered technician who has completed all the requirements of Article 3. See Virginia Code 3.2-3900
• Certificate of origin: means a record created by a manufacturer or importer as the manufacturer's or importer's proof of identity of a watercraft. See Virginia Code 29.1-733.2
• Certificate of title: means a record, created by the Department under this article or by a governmental agency of another jurisdiction under the law of that jurisdiction that is designated as a certificate of title by the Department or agency and is evidence of ownership of a watercraft. See Virginia Code 29.1-733.2
• certified: means the recognition granted by the Board to an applicator who has completed all the requirements of Article 3. See Virginia Code 3.2-3900
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Check: means a draft drawn on the account of an individual at a depository institution. See Virginia Code 6.2-1800
• Chief: means the Chief of the Division of Mines of the Department of Energy. See Virginia Code 45.2-100
• Claimant agency: means any administrative unit of state, county, city or town government, including department, institution, commission, authority, or the office of Executive Secretary of the Supreme Court, any circuit or district court and the Internal Revenue Service. See Virginia Code 58.1-520
• Commercial applicator: means any person who has completed the requirements for certification to use or supervise the use of any pesticide for any purpose or on any property other than as provided in the definition of private applicator. See Virginia Code 3.2-3900
• Commission: means the State Corporation Commission. See Virginia Code 6.2-100
• Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction: means building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property. See Virginia Code 2.2-4301
• Consumer goods: means the same as that term is defined in subdivision (a)(23) of § 8. See Virginia Code 29.1-733.2
• contract carrier: means any person not included under the definitions of "common carrier by aircraft" or "restricted common carrier by aircraft" as defined in § 5. See Virginia Code 5.1-1
• Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
• Dealer: means any watercraft dealer as defined in § 29. See Virginia Code 29.1-733.2
• Debtor: means the same as that term is defined in subdivision (a)(28) of § 8. See Virginia Code 29.1-733.2
• Debtor: means any individual having a delinquent debt or account with any claimant agency which obligation has not been satisfied by court order, set aside by court order, or discharged in bankruptcy. See Virginia Code 58.1-520
• Decedent: A deceased person.
• Delinquent debt: means any liquidated sum due and owing any claimant agency, or any restitution ordered paid to a clerk of the court pursuant to Title 19. See Virginia Code 58.1-520
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Document: means document of title as defined in the general definitions in Title 8. See Virginia Code 8.7-102
• Documented vessel: means a watercraft covered by a certificate of documentation issued pursuant to 46 U. See Virginia Code 29.1-733.2
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 29.1-733.2
• Electronic certificate of title: means a certificate of title consisting of information that is stored solely in an electronic medium and is retrievable in perceivable form. See Virginia Code 29.1-733.2
• Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign-documented vessel: means a watercraft whose ownership is recorded in a registry maintained by a country other than the United States that identifies each person that has an ownership interest in a watercraft and includes a unique alphanumeric designation for the watercraft. See Virginia Code 29.1-733.2
• Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Virginia Code 29.1-733.2
• Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Virginia Code 8.7-102
• Goods: means all material, equipment, supplies, printing, and automated data processing hardware and software. See Virginia Code 2.2-4301
• Goods: means all things that are treated as movable for the purposes of a contract of storage or transportation. See Virginia Code 8.7-102
• Grantor: The person who establishes a trust and places property into it.
• Hull damaged: means compromised with respect to the integrity of a watercraft's hull by a collision, allision, lightning strike, fire, explosion, running aground, or similar occurrence, or the sinking of a watercraft in a manner that creates a significant risk to the integrity of the watercraft's hull. See Virginia Code 29.1-733.2
• Hull identification number: means the alphanumeric designation assigned to a watercraft pursuant to 33 C. See Virginia Code 29.1-733.2
• Interest: means all charges payable directly or indirectly by a borrower to a licensee as a condition to a loan, including fees, service charges, and renewal charges, and any ancillary product sold in connection with a loan, but does not include the monthly maintenance fees, deposit item return fees, or late charges authorized under § 6. See Virginia Code 6.2-1800
• Issuer: means a bailee who issues a document except that in relation to an unaccepted delivery order it means the person who orders the possessor of goods to deliver. See Virginia Code 8.7-102
• Knowledge: means the same as that term is defined in § 8. See Virginia Code 29.1-733.2
• Lease: means the same as that term is defined in subdivision (1)(j) of § 8. See Virginia Code 29.1-733.2
• Legatee: A beneficiary of a decedent
• Lessor: means the same as that term is defined in subdivision (1)(p) of § 8. See Virginia Code 29.1-733.2
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means a person to whom a license has been issued under this chapter. See Virginia Code 6.2-1800
• Lien: A claim against real or personal property in satisfaction of a debt.
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motorboat: means any vessel propelled by machinery whether or not the machinery is the principal source of propulsion. See Virginia Code 29.1-700
• No wake: means operation of a motorboat at the slowest possible speed required to maintain steerage and headway. See Virginia Code 29.1-700
• Nonprofessional services: means any services not specifically identified as professional services in the definition of professional services. See Virginia Code 2.2-4301
• Notice: means the same as that term is defined in § 8. See Virginia Code 29.1-733.2
• offeror: means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required. See Virginia Code 2.2-4301
• Operate: means to navigate or otherwise control the movement of a motorboat or a vessel. See Virginia Code 29.1-700
• Owner: means a person, other than a lien holder, having the property in or title to a motorboat. See Virginia Code 29.1-700
• Owner: means a person that has legal title to a watercraft. See Virginia Code 29.1-733.2
• Owner of record: means the owner indicated in the files of the Department or, if the files indicate more than one owner, the one first indicated. See Virginia Code 29.1-733.2
• Person: means any individual, corporation, government, political subdivision of the Commonwealth, or governmental subdivision or agency, business trust, estate, trust, partnership, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Virginia Code 5.1-1
• Person: means an individual, corporation, business trust, estate, trust, statutory trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. See Virginia Code 29.1-733.2
• Person: means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or other legal or commercial entity. See Virginia Code 6.2-100
• Personal watercraft: means a motorboat less than sixteen feet in length which uses an inboard motor powering a jet pump, as its primary motive power and which is designed to be operated by a person sitting, standing, or kneeling on, rather than in the conventional manner of sitting or standing inside, the vessel. See Virginia Code 29.1-700
• Pesticide: means : (i) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, other forms of plant or animal life, bacterium, or viruses, except viruses on or in living man or other animals, which the Commissioner shall declare to be a pest; (ii) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and (iii) any substance intended to become an active ingredient in any substance defined in clause (i) and (ii). See Virginia Code 3.2-3900
• Poultry: means any domesticated bird, whether live or dead. See Virginia Code 3.2-5400
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Private applicator: means an individual who uses or supervises the use of any pesticide that is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person. See Virginia Code 3.2-3900
• Professional services: means work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering. See Virginia Code 2.2-4301
• Public body: means any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty, and empowered by law to undertake the activities described in this chapter. See Virginia Code 2.2-4301
• Public corporation: means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein. See Virginia Code 1-219.1
• Purchase: means to take by sale, lease, mortgage, pledge, consensual lien, security interest, gift, or any other voluntary transaction that creates an interest in a watercraft. See Virginia Code 29.1-733.2
• Purchaser: means a person that takes by purchase. See Virginia Code 29.1-733.2
• real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 29.1-733.2
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 8.7-102
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Refund: means any individual's Virginia state or local income tax refund payable pursuant to § 58. See Virginia Code 58.1-520
• Registered technician: means an individual who has satisfactorily completed the Board requirements for certification to apply general use pesticides, and to apply restricted use pesticides while under the direct supervision of a certified commercial applicator. See Virginia Code 3.2-3900
• Registration number: means the alphanumeric designation for a vessel issued pursuant to 46 U. See Virginia Code 29.1-733.2
• Representative: means the same as that term is defined in subdivision (b)(33) of § 8. See Virginia Code 29.1-733.2
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sale: means the same as that term is defined in § 8. See Virginia Code 29.1-733.2
• Secured party of record: means the secured party whose name is indicated as the name of the secured party in the files of the Department or, if the files indicate more than one secured party, the one first indicated. See Virginia Code 29.1-733.2
• Security interest: means an interest in a watercraft that secures payment or performance of an obligation if the interest is created by contract or arises under § 8. See Virginia Code 29.1-733.2
• Seller: means the same as that term is defined in subdivision (1)(o) of § 8. See Virginia Code 29.1-733.2
• Send: means the same as that term is defined in subdivision (b)(36) of § 8. See Virginia Code 29.1-733.2
• Services: means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies. See Virginia Code 2.2-4301
• Short-term loan: means a loan made pursuant to this chapter. See Virginia Code 6.2-1800
• Sign: means , with present intent to authenticate or adopt a record, to:

  1. See Virginia Code 29.1-733.2

• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Virginia Code 29.1-733.2
• State of principal use: means the state on whose waters a watercraft is or will be used, operated, navigated, or employed more than on the waters of any other state during a calendar year. See Virginia Code 29.1-733.2
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• Taxpayer: includes every person, corporation, partnership, organization, trust or estate subject to taxation under the laws of this Commonwealth, or under the ordinances, resolutions or orders of any county, city, town or other political subdivision of this Commonwealth. See Virginia Code 58.1-1
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Title brand: means a designation of previous damage, use, or condition that shall be indicated on a certificate of title. See Virginia Code 29.1-733.2
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transfer of ownership: means a voluntary or involuntary conveyance of an interest in a watercraft. See Virginia Code 29.1-733.2
• Under the direct supervision of: means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is responsible for the actions of that person. See Virginia Code 3.2-3900
• Use: means the employment of a pesticide for the purposes of: (i) preventing, destroying, repelling, or mitigating any pest; or (ii) regulating plant growth, causing defoliation or desiccation of plants. See Virginia Code 3.2-3900
• Value: means the same as that term is defined in § 8. See Virginia Code 29.1-733.2
• Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Virginia Code 29.1-700
• voting security: means a security that (i) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the business or (ii) is convertible into, or entitles the holder to receive, upon its exercise, a security that confers such a right to vote. See Virginia Code 2.2-4301
• Warehouseman: is a person engaged in the business of storing goods for hire. See Virginia Code 8.7-102
• Watercraft: means any vessel that is used or capable of being used as a means of transportation on water and is propelled by machinery, whether or not the machinery is the principal source of propulsion, except:

  1. See Virginia Code 29.1-733.2

• Written certificate of title: means a certificate of title consisting of information inscribed on a tangible medium. See Virginia Code 29.1-733.2