The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-01-14
Conditions i'm Buchanan.
Legal Remedy Desired

Tbc Duties OF the Commixsioncrs of thr
revenue.
Now that VIC have tho facts before
us. the question to be decid. FL is. VIVA,
are tho duties OF the Commissioners OF
tho Revenue?
Sections $500 and 2.50l of the Code
defines the duties OF tho clerk in ad-
uniting deeds and other writings to
record.
The clerk in admitting deed 10 re-
cord performs purely n ministerial
duty. See Paul V. BauEh, So Virginia
955. and cases cited.
Therefore. because the clerk mSy
think the title to a particular piece of
land conveyed by deed presented to
him for rccordation defective (tnc
fees being paid and the deed properly
executed and Acknowledged he cam
not refuse to admit the deed to record.
Nor can the clerk in making out the
list of deeds for the Commissioners of
the Revenue, as hereinafter shown
pass upon tho validity of the titles to
the lands conveyed by the deeds APP
| pcarinS on said list.
The clerk of the court here thinking
that perhaps he could get rid OF the
bogus land" by refusing to record the
| deeds, took the matter up with At
torncy-Gcncrnl Montague and Judge
| W. h. Burns, who at that time was Il
practicinS attorney and later the
| clerk took the matter UP with At
| toTncy-Gcncral Anderson. All three OF
| these men. learned in the law as they
are were OF the opinion that the clerh
would have to record the deeds.
| Attorney General Montague. in a
letter 10 the clerk under date OF April
-, 1901, said:
| Il beg TO say that If the records and
deeds thcmseivc. which are sought to be
| recorded. show that the lands conveyed
lie in your county ] think 1t would bo
best TO record them. and that the
parties interested test their rights, it
any they have, in the courts"
Judge w. T.. Burns, in letter to
the clerk. under date of December 10,
1901. said In part rs follows:
Il suppose whatever the condition
OF the title may be. YOU have nothing
TO do with II, but would he bound tn
admit the deeds TO record"
| Acknowledgement Anderson. in let
ter TO the clerk. under date of Dcccm-
| Der II, 1901. said In part rs follows:
Il 10 not think that the law gives
YOU any discretion in tho matter OF re-
cordinS deeds, ii they are properly au-
| thcniicatcd, and tho fees and taxes arc
paid, and any other necessary require
, 'ncnt complied with"
The clerk also has "A letter from the
Hon. w l. Bibb, lat Assistant At
| iorney-General of this State. stating in
substance that the clerk has no dis
erection i'll tho matter of recording
deeds.
| Thus ii will be seen that the clerk
had to admit these deeds 10 record.
Section asa OF the Code, as amended
in 1910. makes i, the duty OF the clerk
on or before the 18th day Of February
of each year. TO mako out a list Of
| ALI deeds for partition or convey
nf la nd ut ,n,- 81,
etc, which have been admitted to re-
| cord in the clerks Office of such court
within the year ending OF the alst OF
January nc%t preceding, etc
| section a6l OF the code provides In
| part us follows:
| Every list mentioned III the two
preceding sections shall Immediate
| ly. after the 18th day of February. be
transmitted to the Auditor of Public
.\ccounts. and a copy thereof delivered
| by the clerk OF the commissioner for
MS county nr corporations: or, If there
be moro commissioners than ono, tho
clerk shall deliver to each copy. or
at least SO much thereof as relates TO
lands within his district"
Thus 1t Will be seen that the clerk
shall deliver to the commissioners a
list of all deeds recorded in his Of
fca.
the commissioner by the clerk. the
duty OF the commissioner is clear. nv
ESection 40 of the code he Is commend
ed 10 transfer the land on his books
from the Srantor to the grantee in the
deed, and charge the land on his books
TO the grantee.
Section 40 of the Code reads: The
lands and standing timber appear on
'hc list of statements mentioned in
sections four hundred and nfty-ninc
fohr hundred and sixty and four hun
area ana siNty-twn shall bo transferred
accordiHgly on the land book ana
charged TO the person to whom the
transfer Is made. etc"
Can II be contcndcd that the COM
missioner has the right. because no
lhinks the title TO a certain tract OF
iand detective. to refuse To make the
proper transfer on his books, as pro.
Vidcd for by section $40:
rake this case: y conveys to Y
1000. acres of land and the deed is prop.
erly recorded in the clerks Office The
clerk, acting under ana in pursuance
OF sections i5a and 461 of the Code.
places this deed on the list he fur
) nishcs the commissioner. q Is claim
ing the sama 1000 acres of land con-
Veycd by y to <. The 1000 acres an
} pear on the commissioners book in
INC name of a and b. Tho commission
er is of the opinion that d has The
better ute. Can the commissioner re-
fuse TO make the transfer from 4 10
\? II he can. no has tho power to
J pass on the title TO real estate. pow
or IN Virginia only possessed by the
| courts.
! One of Numerous Cnse.
me above example is one of tho
/ numerous cases that arise every vcar
IN ms county. And It Is because the
commissioners of the Revenue Of this
county have refused to pass on lilies
10 real estate, and have transferred IN.
iahas ON their books as provided for
Z BY section 40 OF the Code, that has
caused tho hostile criticism OF IN.
auditor. the foundation. no doubt, OF
I!s s"itoiahl herein complained Of
1t mas also caused one of the reporters
of Tho Times-Dispatch TO write rs fol.