§ 39-6-19. Sale of equipment with reserved title or lien — Lease with option to purchase.
In any contract for the sale of railroad or street railway equipment or rolling stock, it shall be lawful to agree that the title to the property sold, or contracted to be sold, although possession thereof may be delivered immediately or at any time or times subsequently, shall not vest in the purchaser until the purchase price shall be fully paid, or that the seller shall have and retain a lien thereon for the unpaid purchase money. In any contract for the leasing or hiring of property, it shall be lawful to stipulate for a conditional sale thereof at the termination of the contract, and that the rentals or amounts to be received under the contract may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price shall have been paid in full and until the terms of the contract shall have been fully performed, notwithstanding delivery to and possession by the lessee or bailee; provided, that no such contract shall be valid as against any subsequent judgment creditor, or any subsequent bona fide purchaser for value and without notice, unless:
(1) The contract shall be evidenced by an instrument executed by the parties and duly acknowledged by the vendee or lessee or bailee, as the case may be, or duly proved, before some person authorized by law to take acknowledgment of deeds, and in the same manner as deeds are acknowledged or proved;
(2) The instrument shall be filed for record in the office of the secretary of state;
(3) Each locomotive engine or car so sold, leased, or hired, or contracted to be sold, leased, or hired, shall have the name of the vendor, lessor, or bailor plainly marked on each side thereof, followed by the word “Owner,” or “Lessor,” or “Bailor,” as the case may be.
History of Section.G.L. 1896, ch. 187, § 57; G.L. 1909, ch. 215, § 63; G.L. 1923, ch. 251, § 54; G.L. 1938, ch. 124, § 54; G.L. 1956, § 39-6-19; P.L. 1997, ch. 326, § 109.
Structure Rhode Island General Laws
Title 39 - Public Utilities and Carriers
Chapter 39-6 - Railroad Companies
Section 39-6-1. - “Railroad” defined.
Section 39-6-2. - Unlicensed road as nuisance.
Section 39-6-3. - Action to abate unlicensed road.
Section 39-6-4. - Supervision by president and directors.
Section 39-6-5. - Stockholders’ access to books.
Section 39-6-6. - Security for damages required before entry on land.
Section 39-6-7. - Abandonment of condemned lands.
Section 39-6-8. - Reversion of abandoned lands.
Section 39-6-9. - Possession of land adverse to railroad.
Section 39-6-10. - Adverse possession by railroad.
Section 39-6-11. - Citations in condemnation matters.
Section 39-6-12. - Filing of location of road — Citation.
Section 39-6-13. - Superior court jurisdiction.
Section 39-6-14. - Counsel fees in actions against railroads.
Section 39-6-15. - Power to operate aircraft.
Section 39-6-16. - Conversion to electric power operation.
Section 39-6-17. - Operation of trains over tracks of another company.
Section 39-6-18. - Reduction of facilities by agreements — Filing of contracts.
Section 39-6-19. - Sale of equipment with reserved title or lien — Lease with option to purchase.
Section 39-6-21. - Prior contracts for sale of equipment.
Section 39-6-22. - Liability of trustees and bondholders operating road.
Section 39-6-23. - Annual report by trustees.
Section 39-6-24. - Redemption of franchise and property from sale on execution.
Section 39-6-25. - Rights and liabilities of purchaser at mortgage or judicial sale.
Section 39-6-26. - Right of purchaser to convey to corporation.
Section 39-6-27. - Safety, sanitation, and adequate shelter for railroad employees.
Section 39-6-27.1. - Maintenance of way employees in area of double or multiple tracks.
Section 39-6-27.2. - After accident counseling.
Section 39-6-28. - [Reserved.]
Section 39-6-29. - Caboose car or rider car.
Section 39-6-30. - Protection of railroad employees.
Section 39-6-31. - Declaration of policy regarding abandoned railroad property.
Section 39-6-32. - Disposition of abandoned railroad property.