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decided by the court whose clerk issued the execution, or if in a circuit court, by the judge thereof in vacation; and such court or judge may, without such notice, make an order staying proceedings on the execution until such motion can be heard and determined. A copy of the order so made must be served upon the officer in whose hands the execution is. (Code 1916, c. 140.)

§ 26. Lien of execution on personal property; execution docket; termination of lien.-Every writ of fieri facias shall, in addition to the effect which it has under chapter one hundred and forty of the Code, be a lien, from the time it is delivered to the sheriff or other officer to be executed, upon all the personal estate of which the judgment debtor is possessed, or to which he is entitled, and upon all which he may acquire on or before the return day thereof, although not levied on nor capable of being levied on under that chapter, except in the case of a husband or parent, such estate as may have been listed and set apart as exempt from distress and levy under the provisions of law, and except that as against an assignee of such estate, for valuable consideration, or a person making a payment to a judg ment debtor, the lien,. by virtue of this section shall be valid only from the time that he has notice thereof, and as to all property upon which a lien is hereby given, the said lien shall continue. after the return day of the execution. But a purchaser of such property, for value and without notice, after the return day of the execution, shall not be affected by the lien acquired under chapter one hundred and forty, or under this chapter, unless the execution be docketed as hereinafter provided, and if docketed, it shall be an abiding and continuing lien as against such purchaser upon the property owned by the judgment debtor, in the county at the time the execution was placed in the hands of the sheriff or other officer, or acquired by him on or before the return day thereof, from the time it was docketed, and shall have preference over such purchaser. The clerk of the county court of every county shall keep in his office in a well bound book, an execution docket in which he shall docket without delay, any execution in this State, when he shall be required so to do by any person interested, on such person delivering to him an authenticated abstract of it, for which he shall be entitled to the same fee as for docketing a judgment. In such abstract and docket there shall be stated in separate columns: 1. The full name of the plaintiff or plaintiffs, and of the defendant or de

fendants, and if the defendants are sued as partners, the name of the partnership. 2. The amount of execution. 3. The date of the execution. 4. The day and hour when received by the sheriff or other officer. 5. When returnable. 6. The date of docketing. This section shall not impair a lien acquired by an execution creditor under chapter one hundred and forty of the Code. The lien acquired under the preceding section shall cease whenever the right of the judgment creditor to levy the writ of fieri facias, under which the said lien arises, or to levy a new execution on his judgment, ceases or is suspended by a forthcoming bond being given and forfeited, or by an appeal or otherwise. (Code 1916, c. 141.)

§ 27. Release of liens: manner and requisites of release.-Any person entitled to the benefit of any lien on any estate real or personal, or to the money secured thereby, whether the lien was created by conveyance, judgment, decree, lis pendens, notice of attachment or otherwise, may release such lien by a writing signed by him and acknowledged before a clerk of a county court, or other person authorized to take acknowledgments of deeds, and admitted to record, in the proper county. Such writing shall be known as a release and shall be deemed sufficient, if it describe the lien to be released by any words that will identify and show an intent to discharge the same. Nothing in this chapter contained shall be construed to authorize the discharge of any lien contrary to the provisions of the instrument under which the lienor claims, or to impair or affect the validity of any deed. of release, or other writing discharging any lien in this chapter mentioned, either heretofore or hereafter created or made. (Code 1916, c. 76.),

§ 28. Same: forms of releases and acknowledgments.-Releases and their acknowledgments may be in form or effect as follows:

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I. In case of a mortgage or deed of trust: "I, Ahereby release a mortgage (or deed of trust) made by D to me (or to E

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and assigned to me) dated the

-, my trustee, or

day of

, page

19—, recorded in the office of the clerk of the county court of county, West Virginia, in deed book

(to be signed) A

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Acknowledged before the

subscriber, this

day of

; (to be signed)

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H—————————, justice, (or clerk of the county court, notary public, etc., as the case may be.)"

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II. In case of a lien for purchase money, reserved by conveyance: “I, Ahereby release the right reserved to me in a conveyance executed by me (or myself and wife) to CD- —, dated the

preceding form.)"

day of

III. In case of a judgment or decree: "I, A

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etc., (as in the

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hereby release a judgment (or decree) in my favor, (or in favor of Iwhich has been assigned to me; or in favor of Ifor my use) against C- - D for (stating the amount) with interest and cost, rendered by (stating the court by which, or the justice by whom it was rendered, and the term or date at which it was rendered, to be signed and acknowledged as above.)"

Provided, That if any such lien shall have been assigned, when the same is released, the assignee thereof shall unite with the assignor in the release. (Acts 1917, c. 49.)

§ 29. Same: disability of lien-holder.-In case of the death, insanity, or infancy of the person entitled to the lien, the release may be signed and acknowledged by the personal representative, committee, or guardian of such person, as the case may be. (Code 1916, c. 76.)

§ 30. Same: recordation. When the release has been so signed and acknowledged, it may be presented for record to the clerk in whose office the lien thereby intended to be released, is recorded or docketed, and from and after the time the same is so left for record (which time the clerk shall endorse thereon) the said lien shall be discharged and extinguished, and the estate, of whatever kind, bound or affected thereby, shall be deemed to be vested in the former owner or those claiming under him, as if such lien had never existed. The clerk of the county court shall record and properly index all releases under this chapter, and deeds of release admitted to record in his office, in a wellbound book to be kept exclusively for the purpose, and when any release or deed of release is recorded, he shall note the fact on the margin of the record or docket of the lien discharged

thereby, with a reference.to the book and page where the same is recorded. (Code 1916, c. 76.)

§ 31. Same: refusal to execute release; execution by county clerk.--In case of the refusal of the party holding such lien to execute a release upon request of the party entitled thereto, the circuit court having jurisdiction may, on motion, after reasonable notice to the party so refusing, and if no good cause be shown against it, direct the clerk of the county court to execute such release, and it shall thereupon have the effect of releases executed under section 27. The proceedings shall be at the cost of the party so refusing. (Code 1916, c. 76.)

§ 32. Satisfaction of execution: notation on judgment docket. -When an execution issued upon a judgment or decree, which has been entered in the judgment lien docket in the office of the clerk of the county court, is returned satisfied, the clerk to whose office such return is made, shall certify the same to the clerk of the county court, and such return shall be entered by the said clerk in the margin of the docket of such judgment or decree. Any officer failing in his duty under this section shall be fined twenty-five dollars, and he and the sureties in his official bond shall be liable to any party injured for all damages caused by such failure. (Code 1916, c. 76.)

$33. When contract must be in writing.--No action shall be brought in any of the following cases:

1. To charge any person upon or by reason of a representation or assurance concerning the character, conduct, credit, ability, trade, or dealings of another, to the intent or purpose that such other may obtain thereby credit, money, or goods; or,

2. To charge any person upon a promise made, after full age, to pay a debt contracted during infancy; or upon a ratification after full age, of a promise or simple contract made during infancy; or,

3. To charge a personal representative upon a promise to answer any debt or damages out of his own estate; or,

4. To charge any person upon a promise to answer for the debt, default, or misdoings of another; or,

or,

5. Upon any agreement made upon consideration of marriage;

6. Upon any contract for the sale of real estate, or the lease thereof, for more than a year; or,

7. Upon any agreement that is not to be performed within a

year;

Unless the promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof be in writing and signed by the party to be charged thereby or his agent. But the consideration need not be set forth or expressed in the writing and it may be proved (where a coonsideration-is necessary) by other evidence. (Code 1916, c. 98.)

§ 34. Contracts made on Sunday. And no contract shall be deemed void because it is made on the Sabbath day. (Code 1916, c. 149.)

§ 35. Instruments recordable.--The clerk of the county court of any county in which any deed, contract, power of attorney, or other writing is to be, or may be recorded, shall admit the same to record in his office as to any person whose name is signed thereto, when it shall have been acknowledged by him or proved by two witnesses as to him, before such clerk of the county court. (Code 1916, c. 73.)

§ 36. Acknowledgment of writings; who may take; certificate. -Such clerk of the county court shall also admit any writing to record as to any person whose name is signed thereto, upon the request of any person interested therein, upon a certificate of his acknowledgment before a justice, notary public, recorder, prothonotary or clerk of any court within the United States, or a commissioner appointed within the same by the governor of this State, written or annexed to the same, to the following effect, to-wit:

"State (territory or district) of, county of

to-wit:

“I, — -, a commissioner, appointed by the governor of the State of West Virginia, for the said State (or territory or district) ; (or I, a justice of the county aforesaid, or I,

of

recorder of said county; or I,

or I,

a notary of said county;

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a prothonotary or clerk of the

court of said

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