55-137.1 - Recordation certificate not signed by clerk.
§ 55-137.1. Recordation certificate not signed by clerk.
All deeds, orders of probate, fiduciary accounts and all other papers andwritings received prior to July 1, 1995, by any clerk of any court of thisCommonwealth and transcribed, or purported to be transcribed, in the properbook or books in such clerk's office provided by law for the transcribing andrecordation of such deeds, orders of probate, fiduciary accounts or otherpapers and writings, the certificate of receipt and of recordation of whichhad not received the attesting signature of such clerk on the date aforesaid,and which had not on such date been verified as required by § 17.1-247, shallprima facie be, and deemed to be, as truly received, recorded and verified asif the same had been so attested by the signature of such clerk.
Every clerk of any court of this Commonwealth, in whose office any such deed,order of probate, fiduciary account or other paper or writing as is mentionedin the preceding paragraph has been transcribed upon the proper book or booksin such office, provided by law therefor, and which transcription has notreceived the attesting signature of the clerk who recorded the same, uponproduction before such clerk of the original of such deed, order of probate,fiduciary account or paper or writing shall verify the accuracy of suchtranscription by a careful examination and comparison of such transcriptionwith the original paper so recorded and thereupon the clerk shall attest suchtranscription by signing thereto the name of the clerk who received theoriginal paper for record and his own name as follows:
"Teste ........, former clerk per
........, his successor."
And the clerk shall likewise note such verification and the date thereof uponthe margin of the record. For such service the clerk shall receive a fee oftwenty-five cents, to be paid by the person for whose benefit the service wasperformed, and the record, so certified and verified, shall have the sameeffect as if it had been properly certified and verified by the clerk whoreceived the same and who should have so certified and verified the same.
This section shall have a retroactive effect.
(1920, p. 566; Michie Code 1942, § 3407a; 1976, c. 685; 1984, c. 35; 1989, c.602; 1995, c. 48.)