The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-03-10
Confined from y esterday.)S
Release. of ILiens.

--l--sl Sonllnued AIronla u esterdays)EEa ls
Released Liens.
Section 1Ia In addition to the
provisions for the release OF said as.
sessments liens. either for street paw,
Ing or other permanent street improve.
ments, or construction Of sewers, as
elsewhere set out In this act, on the
presentation by the land or lot own,
ers OF any Of the certificates issued as
aforesaid against him or his predeces'
scr in title to such lot, the clerk OF the
county court shall mark upon the mar.
gin OF the trust deed book at which
said certified report Is recorded, that
the lien is released 10 the land or lot
mentioned In such certificate to the
extent OF the amount of the certifi.
Gates thus exhibited; and the county
clerk shall thereupon write across the
face OF each OF said certificates The
date OF their production 10 him for
the relase OF the lien and shall sign
his name thereto in his official capac.
ity, for which he shall receive in ad.
vance fee OF ttwenty.fiye cents for
each certificate SO marked from the
person demanding the release of the
lien Aforesaid; but IL more than one OF
the serial certificates against the land
or lot or lots shall be produced at the
same time, the fee OF the county clerk
shall not exceed twenty-five cents for
the release Of the liens as TO all OF the
certificates thus produced and relating
TO the same real estate
Provided, that the owner OF any lot
or land against which any paving or
sewer certificate Is all unreleased lien
or record shall make and produce To
the county clerk, or some person for
such owner shall make and produce
such affidavit, setting out therein that
such certificate Tor certiticates) has
been paid in full, and after diligent
search, cannot be found, said county
clerk, shall. upon the payment OF fec
OF twenty-five cents flle and preserve
said alfifidarit as u public document,
and shall forthwith note the release
OF said lien TO the extent OF said lost
certificate Tor certillcates) and the lots
OF land against which 1t is a lien upon
the margin OF the trust deed book as
aforesaid, and noting Herewith the
filing OF said affidavit, which shall OPP
crate as q release OF such lien 10 the
extent OF such marginal notation. II
the affidavit so filed be false. the per.
son making oath and subscribing
thereto shall be guilty of a felony, and
upon conviction thereof shall be fined
not to exceed five hundred dollars, OF
sentenced TO be confined In the peni
Tertiary for term of not more than
one year. or both, in the discretion oil
the court passing sentence.
Provided, further, that any paving
Iior sewer lien, which may be created
IN consequence OF the provisions OF
this act, OF which is not yet due, shall
not, under any circumstances, be q
lien against the lot or land or frac
tional part of the lot or land, against
which It may have been assessed and
made o lien for a period longer thar
one year after the last assessment
or certificate Of the same date ant
group, representing such lien, shall
illave become due and payable. unles:
some suit or action, at the termina
ton of said one year period. shall be
pending for the enforcement OF sucl
lien, or unless the amount OF the iier
or some part thereof is in some wa!
involved. in a suit OF. action pending
at the end OF said inc year period. and
further that no such paving or sewer
lien heretofore placed to record in said
county clerks Office for an assessment
the lest payment of which is past due
shall remain or be a lien against the
real estate therein described for :
longer period than one year from the
time. this act takes effect, unless a
suit shall be pending at the end OF ono
year period for the enforcement OF said
lien, or the amount thereof shall IN
some way be involved in some action
then pending.
All OF the assessment certificates
which may be issued under teh provis.
ions of the act, shall be made payable
at the office of the treasurer. who shall
resolve payments thereon when due. IL
rendered to him, and interest thereon
from the date OF such payments shall
cease. The treasurer shall keep a
separate and special account Of all
said sums Of money received by him,
aud he shall hold said money in trust
for the person who thereafter delivers
to the treasurer for cancellation any
and ali certificates on which the treas.
urer has received full payment as
aforesaid; but the owner of said GER
titicates shall not be entitled to In
terest on said sum after the date OF
payment thereof to tte< treasurer,
When the whole amount of any such
assessment lien shall have been paid
TO the treasurer as aforesaid, or the
treasurer shall be convinced that all
of the paving or sewer certificates
against any land, lot or. fractional part
of lot, shall have been paid In full, he
shall. when demanded, execute a re-
lease OF said lien In the manner here.
inbefore provided for the release OF
paving liens. II the city shall have
no person for treasurer, the clerk, un.
less some other person is designated