Chap. 59.—An ACT to amend and re-enact section 6456 of the Code of Virginia
as last amended by chapter 78 of the act of assembly of 1926, in relation t
marginal releases of liens. [S B 27

Approved February 27, 1930

1. Be it enacted by the general assembly of Virginia, That sec-
tion sixty-four hundred and fifty-six of the Code of Virginia, a:
last amended by chapter seventy-eight of the acts of assembly of nine-
teen hundred and twenty-six, be amended and re-enacted so as to read
as follows:

Section 6456. When payment or satisfaction is made of a debt
secured by mortgage, deed of trust, vendor’s or mechanic’s lien, or
when any one or more of the obligations representing at least twenty-
five per cent of the whole amount secured by any such lien, but
less than the whole number, of said obligations so secured, where
the debt secured thereby is evidenced by two or more separate
written obligations sufficiently described in the instrument creating
the lien, shall have been fully paid, it shall be the duty of
such lien creditor, unless he shall have delivered a proper release
deed, to cause such full payment or satisfaction, or partial payment
or satisfaction, as the case may be, to be entered on the margin
of the page of the book where such encumbrance is recorded; and for
any failure so to do, after five days’ notice, if the obligation, or obli-
gations, secured by said lien, and fully paid as aforesaid, shall be left
with the lien creditor, or with the clerk, in whose office such encum-
brance is recorded, until the lien is released as provided by this sec-
tion shall forfeit twenty dollars. Such entry of payment or satis-
faction shall be signed by the creditor or his duly authorized agent,
attorney or attorney in fact, and if such debt be evidenced by a separate
obligation the note, bond or other evidence of debt secured by such
en duly cancelled, shall be produced before the clerk in whose office
such encumbrance is recorded, or an affidavit shall be filed by the said
creditor, or his duly authorized agent or attorney or attorney in fact,
with such clerk, to the effect that the debt therein secured and in-
ended to be released or discharged has been paid to such creditor, his
acvent, attorney or attorney in fact, who was, when the said debt was
30 satisfied, entitled and authorized to receive the same, and that such
1ote, bond or other evidence of the debt secured by the lien has been
ancelled and delivered to the person by whom it was paid or has been
ost or destroyed and cannot be produced as herein required. If such
lebt 1s not evidenced by a separate obligation an affidavit shall be filed
yy the said creditor or his duly authorized agent or attorney or attor-
ney in fact with such clerk to the effect that the debt therein secured
and intended to be released or discharged has been paid to such creditor,
his agent, attorney or attorney in fact, who was when the said debt
was so satisfied entitled and authorized to receive the same. And
when so signed and the signature thereto attested by such clerk, with
a certificate that said note, bond or other evidence of debt duly cancelled
was produced before such clerk, or that the affidavit hereinbefore re-
quired has been duly filed with such clerk, the same shall operate as
a release of the encumbrance as to which such payment or satisfaction
is entered, and if the encumbrance be by deed of trust or mortgage, as
a reconveyance of the legal title, as fully and effectually as if the said
marginal entry were a formal deed of release duly executed and
recorded.

It shall be lawful for any such lienor, upon the payment to him of
a satisfactory part of the debt secured by the lien, to make a mar-
ginal release of any one or more of the separate pieces or parcels of
property covered by such lien, where the instrument creating the lien
includes two or more separate and sufficiently described pieces or par-
cels, which partial release, or satisfaction, may be accomplished in man-
ner and form hereinbefore in this section provided for making marginal
releases, and when made in conformity therewith, such partial satis-
faction or release shall be as valid and binding as a proper release deed
duly executed for the same purpose.

Any and all partial marginal releases heretofore made, in any
county or city of this State, in conformity with the provisions herein-
above in this section contained, either of one or more separate pieces
or parcels of real estate covered by any such lien, or as to one or more
of the obligations secured by any such lien, are hereby validated and
declared to be binding upon all parties in interest; but this provision
shall not be construed as intended to disturb or impair any vested
right.

Any person who owns or has any interest in real estate or personal
property on which such encumbrance exists may, after twenty days’
notice thereof to the person entitled to such encumbrance, apply to the
circuit or corporation court of the county or corporation in whose
clerk’s office such encumbrance is recorded, or to the chancery court
of the city of Richmond, if it be in the clerk’s office of the said court.
to have the same released or discharged, and upon proof that it has
been paid or discharged, or upon its appearing to the court that more
than twenty years have elapsed since the maturity of the len or en-
cumbrance, raising a presumption of payment, and which is not re-
butted at the hearing, such court shall order the same to be enterec
by the clerk-on the margin of the page in the book wherein the
encumbrance is recorded, which entry, when so made, shall operate a:
a release of such encumbrance. The clerk’s fee for a release, unde
this section, on the margin of the page of the book wherein the encum.
brance or lien is recorded shall be fifty cents, which shall be paid by the
lien debtor,
All releases heretofore made by any court under this section upon
such presumption of payment so arising and not rebutted, shall be
validated. A release of a deed of trust or a conveyance of the prop-
erty embraced therein, may in all cases be made to the original grantor,
whether living or dead, and any release or reconveyance heretofore
or hereafter so made shall enure both in law and in equity to the suc-
cessors in title of such grantor.

2. An emergency existing, this act shall be in force from its
passage.