The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-03-09
THE NEW FAIRMONT CHARTER
(continned from Yesterday.lL
ReIeasse.,7YofILiens.

Continued from Yesterday.lL
Release Of Liens.
Section 11s1 In addition TO the
provisions for the release Of said as.
sessments liens. either for street paw.
ling 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.
sor 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 TO 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 to 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 a fee Of twenty-five cents for
each certificate SO marked from the
person demanding the release of the
lien aforesaid; but II 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 an 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 certificates) has
been paid in full. and after diligent
search, cannot be found, said county
clerk. shall. upon the payment OF fee
OF twenty-five cents file and preserve
said affidavit as public document,
and shall forthwith note the release
of said lien TO the extent OF said lost
certificate Tor certifcatss) and the lots
OF land against which 1t is lien upon
the margin OF the trust deed book as
aforesaid, and noting Herewith the
filing of said affidavit, which shall op.
crate as a release Of such lien to 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, or
sentenced to be confined In the peni.
Tertiary for term OF not more than
one year, or both, in the discretion Of
the court passing sentence.
Provided, further. that any paving
or 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 a
llien against the lot or land or frac.
tional part of the lot or land, against
which II may have been assessed and
made q lien for period longer than
one year after the last assessment
or certificate of the same date and
group, representing such lien, shall
have become due and payable, unless
some suit or action. at the termina.
ton OF said one year period, shall be
pending for the enforcement OF such
ilien, or, unless the amount OF the lien
or some part thereof is in come way
Involved in a suit or 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 last payment OF which is past due,
shall remain or be lien against the
real estate therein described for b
longer period than one year from the
time this act takes effect, unless
suit shall he pending at the end OF one
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 q
separate and special account OF all
said sums Of money received by him,
and he shall hold said money in trust
for the person who thereafter delivers
to the treasurer for cancellation any
and all certificates on which the treas.
urer has received full payment as
aforesaid; but the owner OF said GER.
tificates shall not be entitled to in.
terest on said sum after the date OF
payment thereof TO the 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 re-.
lease of said lien in the manner here.
inbefore provided for the release oil
paving liens. II the city shall have
no person for treasurer, the clerk, un.
less some other person is designated