Chap. 57.—An ACT to amend and re-enact Section 3394 of the Code of Virginia,
as heretofore amended, relating to general and daily indexes in clerk’s of-
fices. [H B 75]

Approved February 24, 1936

1. Be it enacted by the General Assembly of Virginia, That section
thirty-three hundred and ninety-four of the Code of Virginia, as here-
tofore amended, be amended and re-enacted so as to read as follows:

Section 3394. General indexes for clerk’s offices; daily index.—
There shall be kept in every clerk’s office in this Commonwealth a
modern, family name, or ledgerized alphabetical key-table general index
to all deed books, miscellaneous liens, will books, judgment dockets and
court order books, and it shall be the duty of the clerk to enter therein
daily, with pen and best quality of ink, or typewriter using indelible
ribbons, all instruments admitted to record, indexing each instrument
in the name or names of all parties appearing therein who are thereby
shown to be affected by said instrument, using a separate line or column
for each, and where any conveyance is made by a trustee or commis-
sioner, or person other than the owner, or is a partition of lands,
where said land is devised, it shall be indexed in the name of said
party or parties and also in the name of the previous owner or owners,
as shown by such instrument. Every deed of conveyance of real estate
in which a vendor’s lien is reserved shall be double indexed so as to
show not only the conveyance from the grantor to the.grantee in such
instrument, but also the reservation of such lien as if it were a grant
of the same from the grantee to the grantor by a separate instrument
and the fact of such lien shall be noted on such index. And all deed
books, miscellaneous liens, will books, judgment dockets, and court
order books shall be numbered or otherwise adequately designated,
and the said clerk upon the delivery of any writing to him for record
required by law to be recorded, shall duly index the same upon such
general index in the manner hereinbefore required, and when said
writing has been actually transcribed on the said book shall add to the
said general index the number of the book in which, and the page on
which said writing is recorded.

Provided, however, that the clerk on receipt of any such writing
for record may immediately index the same in a book to be known as
the “daily index of instruments admitted to record,” and within thirty
days, except in cities of the first class, and within ninety days in cities
of the first class, after the admission of such writing to record, the
clerk shall index all such writings indexed in said daily index in the
appropriate general index as hereinbefore provided. Said daily index
book shall, at all times, be kept in the office of said clerk, and con-
veniently available for examination by the public. During the period
above permitted for transfer from said daily index to said general
index, indexing in said daily index shall be a sufficient compliance
with the requirements of this act as to indexing.

And provided, further, that the judge of any court of record in
term, or in vacation, may make such order or orders as may be deemed
advisable as to the time and method of indexing the order books in
the clerk’s office of such court, and shall have full power to dispense
entirely with a general index for order books of such court.