Chap. 307.—An ACT to amend the Code of Virginia by adding thereto two new
sections numbered 6437-a and 6437-b, in relation to, and providing a method
for, obtaining the release of mechanics liens and other similar liens by the
payment of money into court, or by filing bond with security. [H B 515]

Approved March 26, 1936

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding thereto two new sections num-
bered sixty-four hundred and thirty-seven-a and sixty-four hundred
and thirty-seven-b, which new sections shall read as follows:

Section 6437-a. In any suit brought under the provisions of the
preceding section, the owner of the building and premises to which the
lien, or liens, sought to be enforced, shall have attached, may, after
five day’s notice to the leinor, or leinors, apply to the court in which
such suit shall be pending, or to the judge thereof in vacation, for per-
mission to pay into court an amount of money sufficient to discharge
such lien, or liens, and the costs of the suit, or, for permission to file a
bond in the penalty of double the amount of such lien, or liens, and
costs, with surety to be approved by said court, or judge, conditioned
for the payment of such judgment as may be rendered by the court
upon the hearing of the case on its merits, which permission shall be
granted by the said court, or judge, in either such case, unless good
cause be shown against the same by some party in interest.

Upon the payment of such money into court, or upon the filing of
such bond, as the case may be, after the court has granted permission
for the same to be done, the property affected thereby shall stand re-
leased from the said lien, or liens, which fact shall be noted by the
clerk of such court on the margin of the page, or pages, of the book
whereon such lien, or liens, may be docketed, or recorded; and the
money so paid in, or the bond so filed, as the case may be, shall be
subject to the final judgment of the court upon the hearing of the case
on its merits.

Section 6437-b. At any time after the perfecting of any such lien
and before a suit be brought for the enforcement thereof, the owner of
the property affected thereby may, after five days’ notice to the leinor,
apply to the court having jurisdiction of a suit for the enforcement of
such lien, or to the judge thereof in vacation, for permission to make
such payment into court, or to file such bond, as prescribed in the pre-
ceding section, which permission, in either such event, shall be granted
by such court, or judge, unless good cause be shown against the same
by some party in interest. Upon the granting of such permission, and
the payment of such money into court, or the filing of such bond, as
the case may be, the property affected thereby shall stand released from
said lien, which fact shall be noted by the clerk of said court in accord-
ance with the provisions of the preceding section.

Such money, or bond, as the case may be, shall be held under the
control of said court, and shall be subject to the final judgment of the
court in any suit or action thereafter brought for the ascertainment of
the rights of the parties in interest, with respect hereto, or, shall be paid
out and disposed of as the parties in interest may direct, in the event
the matters in controversy with respect thereto be settled and adjusted
between the parties without suit or action.

The sureties on any such bond, which may be involved in any
suit or action brought under the provisions of this section, shall be
made parties to such suit or action.