CHAP. 270.—An ACT to amend and re-enact section 4 of chapter 182
of the Code, as amended by an act approved February 17, 1874, as
amended by an act approved April 2, 1877, as amended by an act
approved February 22, 1878, in relation to judgment liens.

Approved March 9, 1880.

f 1. Be it enacted by the general assembly of Virginia, That
> section four of chapter one hundred and eighty-two of the Code
a of Virginia, edition of eighteen hundred and seventy-three, as
©. amended by an act approved February seventeenth, eighteen
hundred and seventy-four, as amended by an act approved
April second, eighteen hundred and seventy-seven, as amended
by an act approved February twenty-second, eighteen hundred
and seventy-eight, be and the same is hereby amended and re-
enacted so as to read as follows:
oc- §4. The clerk of each county and corporation court, and the
et clerk of the chancery court of Richmond city, shall keep in his
office, in a well-bound book, a judgment docket, in which he
shall docket without delay any judgment in the state when he
shall be required so to do by any person interested, on such
person delivering to him an authenticated abstract of it;
docket every judgment rendered in his court, and every judg-
ment the abstract of which may be delivered to him by the
clerk of the circuit court of his county or corporation; and
ks the clerk of the circuit court of each county or corporation in
nd the state, except the clerks of the circuit and corporation courts
of Richmond city, shall, without delay, deliver to the clerks of
the county and corporation courts of the county and corpora-
tion an authenticated abstract of every judgment rendered in
his court or office, except that orders, judgments and decrees
de bonis testatoris, and orders, judgments and decrees against
fiduciaries for which such fiduciary is not personally liable, and
except also that orders, judgments and decrees against any
bank or incorporated company doing a banking business for
money deposited under the order of any court, or by a commis-
sioner or receiver of any court, or subject to the order of any
court, shall not be docketed nor abstracts thereof delivered by
the clerk of the circuit court to the clerk of the county court,
unless required by the plaintiff in such order, judgment or
decree, or some person interested therein to be so certified and
docketed, and then only at the cost of such plaintiff or person
so interested. In such docket there shall be stated, in sepa-
rate columns, the date and amount of judgment, the date of
docketing it, the alternative value of any specific property
recovered by it, the amount and dates of any credits thereon,
with the names, description and residence of the parties, so far
as they appear in his office, or in such abstract, and when paid
off or discharged, in whole or in part, the time thereof. Every
judgment shall, as soon as it is docketed, be indexed by the
clerk in the name of each defendant therein, and unless so
indexed shall not be regarded as docketed, and the fact of the
payment or discharge of said judgment, either in whole or in
part, shall be entered as aforesaid by the clerks upon the return
of any execution showing such satisfaction, either in whole or
in part, or upon the certificate of the clerk from whose office
such execution fssued, that the same has been satisfied, either
in whole or in part, or upon the direction of the judgment credi-
tor or his attorney; and in all cases where payment or satis-
faction shall be made which does not appear by the return of
an execution to the office of the clerk where the judgment is
docketed, it shall be the duty of the judgment creditor, either
by himself, his agent or attorney, to cause such payment or
satisfaction, whether in whole or in part, to be entered on said
judgment docket within ninety days after the same is made,
and for any failure so to do such judgment creditor shall be
liable to a fine of twenty dollars. And for the additional ser-
vice hereby imposed on the clerk of entering satisfaction on
his judgment docket, he shall be entitled to charge a fee of
twenty cents, to be paid by the judgment debtor. And if the
clerk fail to do anything required of him by this section, he
shall pay a fine of not less than thirty nor more than three
hundred dollars to any person who will prosecute therefor; or
a defendant in any judgment, or a grantor in any deed of trust
or other incumbrance, his heirs or personal representatives
may, on motion, after ten days’ notice thereof to the plaintiff
in said judgment, or his assignee, or the beneficiary in such
trust or incumbrance, or his assignee, or, if he be dead, his
personal representative, apply to the county or circuit court of
the county, or the corporation or circuit court of each city or
town in which any judgment was rendered, to have the same
released or discharged. And upon proof that the judgment or
incumbrance has been paid or discharged, such court shall
order the same to be entered on the margin of the page in the
book wherein the said judgment was entered or incumbrance is
recorded, and a certificate of such order to be made to the clerk
of the court in which such judgment is by this section required
to be docketed, or in which such incumbrance is recorded ; and
the clerk of such court, immediately upon the receipt of such
certificate, shall enter the same on the margin of the page
where the judgment is docketed or incumbrance recorded.
Notice to the attorney of a non-resident party in such motion
shall be sufficient: and provided further, that where any judg:
ment is obtained in this state outside of the city of Richmond,
and the judgment creditor seeks to make the same a lien on
lands within said city, it shall be docketed within the time pre-
scribed by law in the chancery court of the city of Richmond,
and not in the hustings court, and no judgment shall be dock-
eted in said court unless it be so directed by the judgment
creditor or his attorney: provided further, that whenever a
judgment is recovered in favor of the commonwealth against
officers who have made default, or their sureties, the same shall
be docketed in all the counties wherein the said principal or
his sureties reside.
2. This act shall be in force from its passage.