An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
Chap. 527.—An ACT providing a mode whereby liens may be released.
Approved March 18, 1884.
1. Beit enacted by the general assembly of Virginia, That
any person entitled to the bencfit of any lien on any estate,
real or personal, or to the money secured thereby, whether
the lien was created by conveyance, judgment, decree, lis
endens, notice of attachment, or otherwise, may release such
lien by a writing signed by him, and acknowledged before a
clerk of the court in which the lien is docketed, or other
person authorized to take acknowledgments of deeds, and
admitted to record in the propercounty. Such writing shall
be known as a release, and shall be deemed sufficient, if it
describes the lien to be released by any words that will
identify and show an intent to discharge the same.
2. Releases and their acknowledgments may be in form or
effect as follows:
First. Incase of a mortgage or deed of trust—I, A B, hereby
release a mortgage (or deed of trust) made by C D to me, (or
to E F, my trustee, or to , and assigned to me,) dated
the —— day of , and recorded in the clerk’s office of
county, Virginia, in deed book —, page —, (to be
signed,) A B. Acknowledged before the subscriber, this
day of , (to be signed,) J H, justice, (or clerk, notary
public, and so forth, as the case may be.)
Second. In case of a lien for purchase money reserved by
conveyance—lI, A B, hereby release the right reserved to me
in a conveyance exccuted by me (or myself and infants) to
C D, dated the day of , (and so forth, as in the
preceding form.)
Third. In case of a judgment or decree—I, A B, hereby re-
lease a judgment (or decrec) in my favor, (or in favor of J K,
which bas been assigned to me, or in favor of J K, for my
use,) against C D, for (stating the amount,) with interest and
costs, rendered by (stating the court by which, or tho justice
by whom, it was rendered, and the term or date at which it
was rendered, to be signed and acknowled::cl as above.)
3. In the case of the death, insanity, or infancy of the
person entitled to the lien, the release may be signed and
acknowledged by the personal representative, committee, or
guardian of such person, as the case may be.
4. When the release has been so signed and acknowledged,
it may be presented for record to the clerk, in whose office
the len thereby intended to be released is recorded or
docketed; and from and after the time the same is so left for
record—which time the clerk shall endorse thereon—the said
lien shall be discharged and extinguished, and the estate, of
whatever kind, bound or affected thereby, shall be deemed
to be vested in the former owner, or those claiming under
him, if such lien had ever existed. "
5. The clerk shall record and properly index all releases
under this chapter, and deeds of release admitted to record
in his office, in a well-bound book to be kept for the purpose,
exclusively, and when any release or deed of' release is re-
corded, he shall note the dact on the margin of the record or
docket of the lien discharged thereby, with a reference to the
book and page where the same is recorded.
6. In case of the refusal of the party holding such lien to
execute a release, upon request of the party entitled thereto,
the court in which the judyment was rendered, or in which
the lien is recorded or docketed, after reasonable notice to
the party so refusing, and if no good cause be shown ayainst
it, may, on motion, direct the clerk to execute such release,
and it shall thereupon have the effect of releases executed
under the first section. The proceedings shall be at the costs
of the party so refusing.
7. Nothing in this chapter contained, shall be construed to
authorize the discharge of any lien contrary to the provisions
of the instrument under which the licnor claims, or to im-
pair or effect the validity of any deed of release or other
writing discharging any lien in this chapter mentioned, either
heretofore or hereafter created or made.