Chap. 253.—An ACT to amend and re-enact Section 6427 of the Code of Virginia
relating to the recordation of memoranda of mechanic’s liens, and Section 6469
of the Code of Virginia, as heretofore amended, relating to the recordation and
release of notices of lis pendens and attachment, so as to provide for the recorda-
tion of certain such memoranda and notices in the clerk’s office of the Hustings
Court of the City of Richmond, Part II. [S B 34]

Approved March 27, 1940

1. Be it enacted by the General Assembly of Virginia, That
sections sixty-four hundred and twenty-seven, and sixty-four hundred
and sixty-nine as heretofore amended, of the Code of Virginia be
amended and re-enacted so as to read as follows:

Section 6427. A general contractor, in order to perfect the lien
given by the preceding section, shall at any time after the work is
done and the materials furnished by him and before the expiration of
sixty days from the time such building, structure, or railroad is com-
pleted, or the work thereon otherwise terminated, file in the clerk’s
office in the county or city in which the building, structure, or rail-
road, or any part thereof is, or in the clerk’s office of the Chancery
Court of the city of Richmond, if the said building, structure, or
railroad, or any part thereof, is within the corporate limits of said
city lying north of James River and including the islands in said
river, or in the clerk’s office of the Hustings Court of the city of Rich-
mond, Part II, if the said building, structure, or railroad, or any
part thereof, is within the corporate limits of said city lying south of
James River, a memorandum showing the names of the owner of the
property sought to be charged, and of the claimant of the lien, the
amount and consideration of his claim, and the time or times when
the same is or will be due and payable, verified by the oath of the
claimant, or his agent, including a statement declaring his intention
to claim the benefit of the lien, and giving a brief description of the
property on which he claims a lien. It shall be the duty of the clerk
in whose office such memorandum shall be filed as hereinbefore pro-
vided to record the same in the Miscellaneous Lien Book, and to
index the same not only in the Miscellaneous Lien Book, but also in
the general index of deeds, in the name as well of the claimant of
the lien as of the owner of the property, and from the time of such
recording and indexing all persons shall be deemed to have notice
thereof. The cost of recording such memorandum shall be taxed
against the person found liable in any judgment or decree enforcing
such hen.

The memorandum and affidavit required by this section shall be
sufficient if substantially in form and effect as follows:

Memorandum for Mechanic’s Lien Claimed By
General Contractor

PPTTTETCrTETLirr (Contractor) claims that .........---+++0--
(owner) is indebted to him in the sum Of .. ee ee eee dollars
\ ) for work done (or materials furnished, or both, as the
case may be) in and about the construction (or removal, repair, or
improvement, as the case may be) of a .....---- +--+ see cee (describe
nature of structure, whether dwelling, store, or, et cetera) in the
county (or city) of ...........++55- with interest thereon from the
Leen nee day

O
due and payable (or will be due and payable, as follows, to-wit:

the sail. ...ceuceneaenen ee (contractor) claims a lien on the following
described property of the said .......-.. +e sees eres (owner)
HO“WItr. ocean nn anes eeaees (insert description of property).

duwngwaygeeeN end pau e td wae (Name of contractor).
Affidavit

State of Virginia,
County (or City) of .......- 2. eee eee eee , to-wit:

| PPT rTrTTrrrrTre (notary or other officer) for the county (or
city) aforesaid, do certify that ones vec ctawsnwsune (contractor, Of
PPPTTTeTrTreererrie , agent for vee esueececesssseey as the case
may be) this day made oath before me in my county (or city) afore-
paid that .aceccc0useanaunanae (the owner) is justly indebted tc
fi (Of WO ..c cen nan con aeeanaee contractor, as the case may be) in
thesum of ...........00 eters dollars, for the consideration stated
in the foregoing memorandum, and that the same is payable as thereir
stated.

Given under my hand this the ........ day of .. 2200s ena eteeee |
19....

eee © » © © © © © © ee ee He

(Notary Public or Justice of Peace, et cetera.

Section 6469. No lis pendens, or attachment shall bind or affec’
a subsequent bona fide purchaser of real or personal estate for valuable
consideration and without actual notice of such lis pendens or attach-
ment, until and except from the time a memorandum setting forth
the title of the cause or attachment, the general object thereof, the
court wherein it is pending, the amount of the claim asserted by the
plaintiff, a description of the property, and the name of the person
whose estate is intended to be affected thereby, shall be admitted to
record in the clerk’s office of the circuit court of the county or the
corporation court of the city wherein the property is, or if it be in
that part of the city of Richmond lying north of James River and
including the islands in said river, in the clerk’s office of the Chancery
Court of such city, or if it be in the part of the city of Richmond lying
south of James River, in the clerk’s office of the Hustings Court,
Part II, of such city. Such memorandum shall not be deemed to
have been recorded unless and until indexed as required by law. If
such attachment be quashed or dismissed or such cause be dismissed,
or judgment or final decree in such attachment or cause be for the
defendant or defendants, the court shall direct in its order that the
said attachment or lis pendens be released; whereupon it shall become
the duty of the clerk in whose office such attachment or lis pendens
is recorded, to enter on the margin of the page of the book where
the same is recorded, such fact, together with a reference to the order
book and page where such order is recorded; provided, however, that
in any case in which an appeal or writ of error from the said judgment
or decree or dismissal would lie, the court shall not enter such order,
nor the clerk make such entry until the expiration of the time in which
such appeal or writ of error may be applied for, or if applied for until
refused, or if granted, until final judgment or decree is entered by
the appellate court.

In any case in which the debt for which such attachment is issued,
or suit is brought and notice of lis pendens recorded is satisfied by
payment, it shall be the duty of the creditor, within ten days after
payment of same, to mark such notice of lis pendens or attachment
satisfied on the margin of the deed book where recorded.

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