§ 55-137.1. Recordation certificate not signed by clerk
All deeds, orders of probate, fiduciary accounts and all other papers and writings received prior to July 1, 1995, by any clerk of any court of this Commonwealth and transcribed, or purported to be transcribed, in the proper book or books in such clerk's office provided by law for the transcribing and recordation of such deeds, orders of probate, fiduciary accounts or other papers and writings, the certificate of receipt and of recordation of which had 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, shall prima facie be, and deemed to be, as truly received, recorded and verified as if 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 mentioned in the preceding paragraph has been transcribed upon the proper book or books in such office, provided by law therefor, and which transcription has not received the attesting signature of the clerk who recorded the same, upon production before such clerk of the original of such deed, order of probate, fiduciary account or paper or writing shall verify the accuracy of such transcription by a careful examination and comparison of such transcription with the original paper so recorded and thereupon the clerk shall attest such transcription by signing thereto the name of the clerk who received the original 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 upon the margin of the record. For such service the clerk shall receive a fee of twenty-five cents, to be paid by the person for whose benefit the service was performed, and the record, so certified and verified, shall have the same effect as if it had been properly certified and verified by the clerk who received 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.)
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