CHAPTER 236

An Act to amend and reenact §§ 58-797 and 58-798, as amended, of the
Code of Virginia, relating to the duties of clerks of courts in which
deeds are admitted to record and in which judgments are required to
be docketed.

[H 480]

Approved March 10, 1962

Be it enacted by the General Assembly of Virginia:
1. That §§ 58-797 and 58-798, as amended, of the Code of Virginia, be
amended and reenacted as follows:
§ 58-797. The clerk of every court in which deeds are admitted to
record, except such clerks in cities having a population of more than two
hundred and * nineteen thousand but not more than three hundred thou-
sand 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 admitted to record in the clerk’s office of such court within the year
ending on the thirty-first day of December next preceding. The list shall
state the date of the deed, when admitted to record, the name of the
grantor and grantee, whether the grantee is white or colored, if known,
the quantity of land conveyed, the specified value thereof and a descrip-
tion 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 city and
the clerk shall also forward a copy of the list to the Department of Taxa-
tion. The 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 December next preceding. Such list shall state the date
of the deed of trust or mortgage, when admitted to record, the name of
the grantor, the names of the creditors, when the names 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 total 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 the clerk on or before the
fifteenth day of January to the commissioner of the revenue for his
county or city and to the Department of Taxation.

The list first hereinabove mentioned shall include all lands acquired
in fee simple by the Commonwealth, through condemnation proceedings,
and shall give the names of the persons from whom acquired, the dates of
confirmation of the commissioners’ reports in such proceedings, the quan-
tity of land acquired in each case, the value thereof as specified in the
reports and a description of each such tract.

The Commissioner shall, upon receipt of any such list as hereinbefore
in this section provided for, promptly and carefully check the same against
the records in the office of the clerk who furnished the same and, if he
finds any errors in the list, he shall make proper correction thereof.

§ 58-798. The clerk of every court in which judgments are required
to be docketed, except such clerks in cities having a population of more
than two hundred and * nineteen thousand but not more than three hun-
dred thousand shall make out a list of all judgments and decrees for the
partition or recovery 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. The 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 or, as the case may
be, 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. The clerk shall deliver the list to the commissioner for his county
or city on or before the fifteenth day of January in each year.

Upon receipt of any such list as hereinbefore provided for, the com-
missioner shall promptly and carefully check the same against the records
in the office of the clerk who furnished the same and, if he finds any
errors in the list, he shall make proper correction thereof.

2. An emergency exists and this act is in force from its passage.