Chap. 569.—An ACT to amend and re-enact section 2498 of the code of Virginia.
in relation to satisfaction of lien to be entered by creditor ; how signed ; how
owner of real estate may have lien released, as amended and re-enacted by an
act approved February 27, 1894, and as amended and re-enacted by an act up-
proved February 2), 1896,

Approved February 28, 1898.

1. Be it enacted by the general assembly of Virginia, That section
two thousand four hundred and ninety-eight of the code of Virginia, as
amended and re-enacted by an act approved February twenty-seventh,
eighteen hundred and ninety-four, and as amended and re-enacted by
an act approved February twenty-ninth, eighteen hundred and ninety-
six, be amended and re-enacted so as to read as follows:

§ 2498. When payment or satisfaction is made of a debt secured by
mortgage, deed of trust, vendors’ or mechanics’ lien it shall be the duty
of such lien creditor, unless he shall have delivered a proper release
deed, to cause such payment or satisfaction to be entered on the margin
of the page in the book where such incumbrance is recorded, and for
any failure to do so, after fire days’ notice, if the note, bond or other evi-
dence of debt secured by such “en shall be left with the len creditor or with
the clerk in whose office such inemubrance ts recorded until the Vien ts released,
ax provided by this section, he shalt forfert twenty dollars, Such entry of
payment or satisfaction shall be signed by the creditor or his duly au-
thorized agent, attorney, or attorney in fact, and the note, bond or other evi-
dence of deht secured by such lien, duly eanecled, shall be produced before the
clerk in whose office such fommgiernee Is Ter orded, and when so siened and
the signature thereto attested by such clerk, w ith a certificate that said note,
hond or other eridence of debt duly cancelled was produced before such ean ke.
the same shall operate as a release of the incumbrance as to which such
payinent or satisfaction is entered. © Any person who owns or has an in-
terest in real estate on which such incumbrance exists may, after twenty
days’ notice thereof to the person entitled to such encumbrance, apply
to the county or corporation court of the county or corporation in whose
clerk’s office such incumbrance is recorded, or to the chancery court of
the city of Richmond, if it be recorded in the elerk’s office of 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 lien or Incumbrance, raising a
presumption of payment, and which is not rebutted at the hearing, such court
shall order the same to be entered by the clerk on the margin of the
page in the book wherein the incumbrance or Ven is recorded, which
entry, when so made, shall operate as a release of such ineumbrance;
and the clerk’s fee for so releasing on the margin of the page in the
book wherein the incumbrance or lien is recorded shall he twenty-five
cents. All releases heretofore made by any court under this section upon
such preswanption of payment so arising and not rebutted shall, after the lapse
of one year from the passage of this act, if no objection be made during that
time, be validated.

2. All acts and parts of acts so far as they are in conflict with this act
are hereby repealed.

3. This act shall be in force from its passave.