Chap. 891.—An ACT to amend and re-enact section 2498 of the code of Virginia,
as amended and re-enacted by an act approved February 27, 1804, as amended
and re-enacted by an act approved February 20, 1806, as amended and re-
enacted by an act approved February 28, 150s.

Approved Mnrch 38, 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, as amended and re-enacted by an act
approved February twenty- “ninth, eighteen hundred and nincty-six, as
amended and re-enacted by an actapproved February twenty-eighth, eigh-
teen hundred and ninety-eight, in relation to deeds of trust and other in-
cumbrances, 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 inthe book where such incumbrance is recorded, and for
any failure to do so, after five days’ notice, if the note, bond, or other
evidence of debt secured by such lien shall be left with the lien creditor
or with the clerk in whose office such incumbrance is recorded until the
lien is released, as provided by this section, he shall forfeit twenty dol-
lars. Such entry of payment of satisfaction shall be signed by the
creditor or his duly authorized agent, attorney, or attorney-in-fact, and
the note, bond, or other evidence of debt secured by such lien duly can-
celled, shall be produced before the clerk in whose office such incum-
brance is recorded, 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, the same shall
operate as a release of the incumbrance as to which such payment or
satisfaction is entered as fully and effectually as if the said marginal entry
were a formal deed of release duly ececuted and recorded. Any person who
owns or has an interest in real estate on which such incumbrance exists,
may, after twenty days’ notice thereof to the person entitled to such incum-
brance, apply to the county or corporation court of the county or cor-
poration in whose clerk’s oflice such incumbrance is recorded, or to the
chancery court of the city of Richmond, if it be recorded in the clerk’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 en-
tered by the clerk on the margin of the page in the book wherein the
incumbrance or lien is recorded, which entry, when so made, shall ope-
rate as a release of such incumbrance; and the clerk’s fee for so re-
leasing on the margin of the page of the book wherein the incumbrance
or lien is recorded shall be twenty-five cents. All releases heretofore
made by any court under this section upon such presumption of pay-
ment so arising and not rebutted shall, after the lapseof one year from
the passage of this act, 1f no objection be made during that time, be
validated. A release of a deed of trust or a re-conveyance of the property
embraced therein, may, in all cases, be made to the original grantor, whether
living or dead, and any release or re-conveyance heretofore or hereajter so
muide shall enure both at law and equity to the successors in title of such
grantor.
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 passage.