Chap. 78.—An ACT to amend and re-enact section 6456 of the Code of Vir-
ginia, in relation to marginal releases of liens. — [H B 351]

Approved February 27, 1926.

1. Be it enacted by the general assembly of Virginia, That sec-
tion sixty-four hundred and. fifty-six of the Code of Virginia be amend-
ed and re-enacted so as to read as follows:

Section 6456. Satisfaction of lien to be entered by creditor; how
signed; how owner, et cetera, of the real estate may have lien re-
leased; former releases validated; releases to person dead enure to
successors. —When payment or satisfaction is made of a debt secured
by mortgage, deed of trust, vendor’s or mechanic’s 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 of the book where such encumbrance is re-
corded; and for any failure to do so, after five days’ notice, if the note,
bond, or other evidence of debt secured by said lien shall be left with
the lien creditor, or with the clerk, in whose office such encumbrance
is recorded, until the lien is released as provided by this section shall
forfeit twenty dollars. Such entry of payment or satisfaction shall
be signed by the creditor or his duly authorized agent, attorney or
attorney in fact, and if such debt be evidenced by a separate obliga-
tion the note, bond or other evidence of debt secured by such lien
duly cancelled, shall be produced before the clerk in whose office such
encumbrance is recorded, or an affidavit shall be filed by the said
creditor, or his duly authorized agent or attorney or attorney in fact,
with such clerk, to the effect that the debt therein secured and in-
tended to be released or discharged has been paid to such creditor, his
agent, attorney or attorney in fact, who was, when the said debt was
so satished, entitled and authorized to receive the same, and that
such note, bond or other evidence of the debt secured by the lien has
been cancelled and delivered to the person by whom it was paid or
has been lost or destroyed and cannot be produced as herein required.
If such debt is not evidenced by a separate obligation an affidavit shall
be filed by the said creditor or his duly authorized agent or attorney
ar attorney in fact with such clerk to the effect that the debt therein
secured and intended to be released or discharged has been paid to
such creditor, his agent, attorney or attorney in fact who was when the
said debt was so satisfied entitled and authorized to receive the same.
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, or that the afhdavit here-
inbefore required has been duly filed with such clerk, the same shall
operate as a release of the encumbrance as to which such payment or
satisfaction is entered, and if the encumbrance be by deed of trust
or mortgage, as a reconveyance of the legal title, as fully and effec-
tually as if the said marginal entry were a formal deed of release duly
executed and recorded.

Any person who owns or has any interest in real estate or personal
property on which such encumbrance exists may, after twenty days’
notice thereof to the person entitled to such encumbrance, apply to
the circuit or corporation court of the county or corporation in whose
clerk’s office such encumbrance is recorded, or to the chancery court
of the city of Richmond, if it be in the clerk’s office of the 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 en-
cumbrance, raising a presumption of payment, and which is not re-
butted 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 en-
cumbrance is recorded, which entry, when so made, shall operate as
a release of such encumbrance, and the clerk’s fee for so releasing on
the margin of the page of the book wherein the encumbrance or lien
is recorded shall be fifty cents, which shall be paid by the person or
persons applying for the release, unless otherwise provided in the said
mortgage, deed of trust, vendor’s or mechanic's lien.

All releases heretofore made by any court under this section upon
such presumption of payment so arising and not rebutted, shall be
validated. A release of a deed of trust or a reconveyance of the
property embraced therein, may in all cases be made to the original
grantor, whether living or dead, and any release or reconveyance
heretofore or hereafter so made shall enure both in law and in equity
to the successors in title of such grantor.

2. An emergency existing, this act shall be in force from its pas-
sage.