Chap. 72.—An ACT to amend and re-enact sections 459, 460 and 461 of the
Code of Virginia, as heretofore amended. (S. B. 2)

Approved February 18, 1915.

1. Be it enacted by the general assembly of Virginia, That sections
four hundred and fifty-nine, four hundred and sixty, and four hundred
and sixty-one of*the Code of Virginia, be amended and re-enacted so
as to read as follows:

Section 459. The clerk of every circuit or corporation court shall
annually, before the fifteenth of January, make out a list of all deeds
for the partition and conveyance of land, other than deeds of trust and
mortgages, made to secure the payment of debts, which have been ad-
mitted to record in the clerk’s office of such court within the year end-
ing on the thirty-first day of December next preceding, which list shall
state the date of the deed, when admitted to record, the name of grantor
and grantee, whether the grantee is white or colored, if known, the
quanitity of ‘land conveyed, the specified value thereof, and a description
of the same. This list shall, on or before the fifteenth day of January,
be delivered by the clerk to the commissioner for his county or corpora-
tion; or, if there be more commissioners than one, the clerk shall deliver
to each a copy, or at least so much thereof as relates to lands within his
district, and the clerk shall also forward a copy of said list to the auditor
of public accounts; and the said clerk shall also make out, on a separate
sheet, a list of all deeds of trust and mortgages on land, as well as deeds
of trust on personal property made to secure the payment of debts,
which have been admitted to record in the clerk’s office of such court
within the year ending on the thirty-first day of January next’ preceding,
and such list shall state the date of the deed of trust or mortgage, when
admitted to record, the name of the grantor, the name of the creditors,
where the name of such creditors are disclosed, and set forth in the
deed of trust or mortgage, and the amount of the debt to each creditor
secured by the deed of trust or to the mortgagee in the mortgage, and
the amount of debt secured thereby and the property conveyed in such
deed of trust or mortgage. Copies of this last mentioned list shall be
furnished by said clerk on or before the fifteenth day of February to com-
missioners of the revenue for his county or corporation, and to the auditor
of public accounts, the object of said last mentioned list being simply to
give to the commissioners of the revenue the amount of debts secured,
so that the same may be listed for taxation in the manner provided by
law.

Section 460. The clerk of every circuit or corporation court shall
make out a list of all judgments and decrees for the partition or re-
covery of lands which have been rendered, and of all lands devised by
will, which have been recorded in such court within the year ending on
the thirty-first of December next preceding, which list shall state the
date of the decree, the land which is the subject of the partition, and
between whom and in what proportion it is divided, and the date of the
will containing the devise, when admitted to record, the names of the
devisor and devisee, and the description of the land devised, and such
clerk shall deliver said list to the commissioner for his county or corpora-
tion on or before the fifteenth day of January in each year.

Section 461. If any clerk fail to perform the duties required of him
in either of the two preceding sections he shall forfeit to the Common-
wealth the sum of one hundred dollars, and it shall be the duty of the
Judge of each circuit and corporation court wherein or before whose
clérk deeds are admitted to record or wills are probated, to ascertain at
the term of his court next succeeding the fifteenth of February of each
year whether the clerk of such court has performed the said duties, and
if it shall appear that the said clerk has failed to perform the said duties,
in the manner and within the time prescribed, the judge shall issue a
rule against said clerk, returnable within five days, to show cause, if
any, why judgment shall not be entered against him for the penalty
herein imposed. |