Chap. 390.—An ACT to amend and re-enact section 3174, as amended by an act
entitled “an act to amend and re-enact. section 3174 of the Code of Virginia, in
relation to clerks of courts.’ approved January 14, 1892; sections 3175, 3176,
and 3182; scetion 3184, as amended by an act entitled “an act to amend and re-
enact section 3184 of the Code of Virginia of 1887, to provide for general index
to deed books and other records," approved February 29, 1892. and sections
3186 and 3187 of chapter 154 of the Code of Virginia.

Approved December 10, 1903.

1. Be it enacted by the general assembly of Virginia, That section
thirty-one hundred and seventy-four, as amended by an act entitled “an
act to amend and re-enact section thirty-one hundred and seventy-four of
the Code of Virginia, in relation to clerks of courts,” approved January
fourteenth, eighteen hundred and ninety-two; sections thirty-one hundred
and. seventy-five, thirty-one hundred and seventy-six, and thirty-one hun-
dred and eighty-two; section thirty-one hundred and cighty-four, as
amended by an act entitled “an act to amend and re-enact section thirty-
one hundred and eighty-four of the Code of Virginia of eighteen hundred
and eighty-seven, to provide for general index to deed books and other
records,” approved February twenty-ninth, cighteen hundred and ninety-
two, and sections thirty-one hundred and eighty-six and thirty-one hun-
dred and ecighty-seven of chapter one hundred and fifty-four of the Code
of Virginia, be amended and re-enacted so as to read-as follows:

§ 3174. Examination of clerk’s office—Before any vacancy, existing
or to occur in the office of clerk, shall be filled, the court, or the judge
thereof in vacation, shall, and at any other time may, appoint two or
more persons to examine the clerk’s office. They shall examine the office
books, and the condition of the records and papers in the office, and re-
port whether the clerk has faithfully discharged his duties. The court
may allow each person making such examination, not exceeding five dol-
lars per day, which, if the examination be of the clerk’s office of the cir-
cuit court of a county or the circuit, corporation or other court of a cor-
poration, shall be charged on such county or corporation ; and the supreme
court of appeals, or any three of the judges thereof in vacation, shall in
like manner cause to be examined the clerk’s office of sail court, and
the expense thereof shall be paid out of the treasury.

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618 ACTS OF ASSEMBLY.

§ 3175. Bonds of clerks of court of appeals; where recorded.—The
court of appeals shall take from each of its clerks a bond in the penaln
of not lees than three nor more than ten thousand dollars. If the clerk
be appointed in vacation, under section thirty-one hundred and seventy-
two, the bond may be taken in vacation by the judges making the aj-
pointment. Every such clerk shall, within ten days after the executios
of his bond, or of any new or additional bond which may be required o!
him, deliver the same to the clerk of the cireuit court of the county er
corporation or hustings court of the corporation, wherein the place oi
session of the court of appeals for which the clerk giving the bond was ay+
pointed. Every such bond shall be forthwith recorded by the clerk ti
which it is so delivered. Any clerk who fails to do what is required o:
him by this section shall be fined not less than fifty nor more than on:
hundred dollars.

§ 3176. Where clerk’s office to be kept.—The clerk’s office of the court
of appeals at Richmond, Staunton, and Wytheville shall continue at the
places at which they are now kept, unless the said court shall see caus:
to direct its clerk’s offices, in any case, to be kept elsewhere. The clerk~
office of every circuit court of any county, or circuit, corporation, hust-
ings or other court of any corporation, shall be kept at the courthous:
of such county or corporation, unless there shall have been a failure br
the proper authorities to provide such office there, in which case the
clerk’s office may be kept at such other place within the county or corpore-
tion as the court may direct.

§ 3182. Execution book; what clerk to enter therein.—The clerk of
the circuit court of every county, and the clerk of the circuit, corporation,
hustings or other court of every corporation, shall keep an execution bonk.
in which he shall enter in each case whercin an execution is issued, the
names of the parties, the time of the judgment, the amount thereof, ov
a reference to the page of the order hook wherein the amount appears.
the date of each execution, the nature thereof, when returnable. and.
if return be made thereon, the nature of such return,

§$ 3184. Courts may have general index made to deed books, wilt
books, and so forth; how deeds, wills, and so forth, when reeorded, te
be indexed.—The circuit court of every county and the circuit, corpora-
tion, hustings or other court of every corporation wherein a general in-
dex to the deed books, will books, bond books. judgment lien docket
books, minute books, and records of fiduciary accounts, on file in the
clerk’s office of such county or corporation has not been provided, or
wherein such general index has been provided and has become so deface
as to render another general index necessary and proper, or wherein thr
index does not show the Christian names or the initials of the grantor.
grantee or testator, may, in its diserction, appoint a suitable person.
whose duty it shall be to make a general index of such deed books in
the full names of the grantor and grantec, and a general index to the
will books, bond books, judgment lien docket books, minute books, anc
records of fiduciary accounts; and the said court shall certify a proper
allowance to the persons so appointed, as compensation for services per-
formed under such order, and direct warrant therefor payable out of the
treasury of such county or corporation. and the hoard of supervisors of

the county or the council of the corporation shall make sufficient levy for
the same. It shall be the duty of the county clerk and of the clerk of
the circuit, corporation, hustings or other court of every corporatian to
index all recorded deeds, wills, bonds. docketed judgments red tiduci-
ary accounts, as well in the general index as in the deed hooks, will
books, bond books, judgment lien docket broil. minute banks, and records
of fiduciary accounts.

§ 3186. When and how to note release of deed of trust, and so forth.
Whenever a release of a deed of trust or other obligation shall be ad-
mitted to record in the office of the county clerk of any county or in the
office of the clerk of the corporation court of any corporation, or of the
chancery court of the city of Richmond, or of any other court in which
deeds are authorized to be admitted to record, it shall be the duty of such
clerk to make a memorandum on the margin of the page of the book,
upon which such deed or other obligation is recorded, stating that such
deed or other obligation is released and refer to the page and number of
the deed book upon which such release is recorded: and if any clerk fail
to do anything required of him by this section, he shall be liable for any
damage which any person may sustain by reason of such failure, and
shall pay a fine of not less than thirty nor more than three hundred dol-
lars to any person who shall prosecute therefor.

$3187. Clerk to keep process book; how processes, decrees, and so
forth, to be served, entered therein; how delivered or sent out; reccipt
of officer—The clerk of the circuit court of every county and the clerk
of the circuit, corporation, hustings or other court of every corporation,
from whose office may be issued any process, original, mesne or final, or
any order or decree to be served on any person, shall, unless the party
interested, or his attorney, direct otherwise, deliver the same to the
sheriff or other officer of the county or corporation for which the court
is held, if it is to be executed therein, and if it is to be executed in any
other county or corporation, shall inclose the same to the sheriff or other
officer thereof, put it in the postoffice and pay the postage thereon. The
clerk shall kee “~p a process book wherein there shall be an entry of every
such process, order, or decree, showing its nature, date, and return day;
the person to whom, and the time when it was delivered, or, if it was
mailed, the time thereof and the person to whom it was inclosed. From
any officer, to whom there is such delivery, the clerk shall take a receipt
in his process book.

2. This act shall be in force on and after the first day of February,
nineteen hundred and four.