CHAPTER 166

An Act to amend and reenact §§ 43-70 and 48-71 of the Code of Virginia,
relating to release of mechanic’s lien upon payment into court or filing
ond.
Be it enacted by the General Assembly of Virginia:

1. That §§ 43-70 and 438-71 of the Code of Virginia be amended and
reenacted as follows:

§ 43-70. In any suit brought under the provisions of § 43-22, the
owner of the building and premises to which the lien, or liens, sought to
be enforced, shall have attached, the general contractor for such building
or other parties im interest may, after five days’ notice to the lienor, or
lienors, apply to the court in which such suit shall be pending, or to ‘the
judge thereof in vacation, for permission to pay into court an amount of
money sufficient to discharge such lien, or liens, and the costs of the suit,
or, for permission to file a bond in the penalty of double the amount of
such lien, or liens, and costs, with surety to be approved by the court,
or judge, conditioned for the payment of such judgment as may be
rendered by the court upon the hearing of the case on its merits, which
permission shall be granted by the court, or judge, in either such case,
unless good cause be shown against the same by some party in interest.

Upon the payment of such money into court, or upon the filing of
such bond, as the case may be, after the court has granted permission for
the same to be done, the property affected thereby shall stand released from
such lien, or liens, which fact shall be noted by the clerk of such court
on the margin of the page, or pages, of the book whereon such lien, or
liens, may be docketed, or recorded; and the money so paid in, or the bond
so filed, as the case may be, shall be subject to the final judgment of the
court upon the hearing of the case on its merits.

§ 43-71. At any time after the perfecting of any such lien and before
a suit be brought for the enforcement thereof, the owner of the property
affected thereby, the general contractor or other parties in interest may,
after five days’ notice to the lienor, apply to the court having jurisdiction
of a suit for the enforcement of such lien, or to the judge thereof in
vacation, for permission to make such payment into court, or to file such
bond, as prescribed in the preceding section, which permission, in either
such event, shall be granted by such court, or judge, unless good cause be
shown against the same by some party in interest. Upon the granting of
such permission, and the payment of such money into court, or the
filing of such bond, as the case may be, the property affected thereby shall
stand released from such lien, which fact shall be noted by the clerk of the
court in accordance with the provisions of the preceding section.

Such money, or bond, as the case may be, shall be held under the
control of the court, and shall be subject to the final judgment of the
court in any suit or action thereafter brought for the ascertainment of
the rights of the parties in interest, with respect hereto, or, shall be paid
out and disposed of as the parties in interest may direct, in the event the
matters in controversy with respect thereto be settled and adjusted be-
tween the parties without suit or action.

The sureties on any such bond, which may be involved in any suit or
action brought under the provisions of this section, shall be made parties
to such suit or action.