                                 CODE OF VIRGINIA

LOST, STOLEN OR DESTROYED DOCUMENTS (§ 8.7-601)

1. If a document has been lost, stolen or destroyed, a court may order delivery
of the goods or issuance of a substitute document and the bailee may without
liability to any person comply with such order. If the document was negotiable,
a court may not order delivery of the goods or issuance of a substitute document
without the claimant&#8217;s posting security unless it finds that any person
who may suffer loss as a result of nonsurrender of possession or control of the
document is adequately protected against the loss. If the document was not
negotiable, the court may require security. The court may also in its discretion
order payment of the bailee&#8217;s reasonable costs and attorney&#8217;s fees
in any action under this subsection.

2. A bailee who, without court order, delivers goods to a person claiming under
a missing negotiable document is liable to any person injured thereby. If the
delivery is not in good faith, the bailee becomes liable for conversion.
Delivery in good faith is not conversion if the claimant posts security with the
bailee in an amount at least double the value of the goods at the time of
posting to indemnify any person injured by the delivery who files a notice of
claim within one year after the delivery.

HISTORY: Code 1950, § 61-17; 1964, c. 219; 2004, c. 200.