CHAPTER 426

An Act to amend and reenact § 55-66.5 of the Code of Virginia, relating
to releases by eae of encumbrances on property, so as to permit such
releases in other cases.

[H 762]

Approved March, 15, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 55-66.5 of the Code of Virginia be amended and reenacted
as follows: ; ;

§ 55-66.5. (a) 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 corporaation court of the county or corporation in
486 ACTS OF ASSEMBLY ([vA., 1956

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 such 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 encumbrance, raising a pre-
sumption of payment which is not rebutted 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 encumbrance is recorded, which entry, when so made,
shall operate as a release of such encumbrance.

All releases made prior to June twenty-fourth, nineteen hundred and
forty-four, by any court under this section upon such presumption of
payment so arising and not rebutted shall be validated. ;

(b) If it be made to appear to the court that the person entitled to
such encumbrance cannot with due diligence be located, and that notice
has been given such person in the manner provided by § 8-76, or that
tender has been made of the sum due thereon but the same has been
refused for any reason by the party or parties to whom due, the court may
in its discretion order the sum due to be paid into court, to be there held
as provided by law, and to be paid upon demand to the person or persons
entitled thereto, and thereupon the court shall order the same to be re-
corded as provided in paragraph (a) hereof, which entry shall operate as
a release of the encumbrance.