Page:United States Statutes at Large Volume 66.djvu/173

 66

STAT.]

127

PUBLIC LAW 3 7 6 - J U N E 5, 1952

suant to the Act entitled 'An Act for the recording and releasing of liens by entries on certificates of title for motor vehicles and trailers, and for other purposes', approved July 2, 1940 (54 Stat, 736; title 40, ch. 7, D, C. Code, 1940), shall be void as against the creditors of the party indebted thereon and subsequent purchasers or mortgagees in good faith after the expiration of seven years from the filing thereof, unless, within ninety days next preceding the expiration of the term of seven years from such filing and each seven-year period thereafter, the vendor, mortgagee, trustee, conditional vendor, or donor shall make and file an affidavit setting forth the amount then due and unpaid: Provided, That no such instrument filed prior to the effective date of this amendatory Act shall be void as against such creditors, subsequent purchasers or mortgagees, if such affidavit be made and filed within ninety days before the expiration of seven years from the filing of such instrument or one year from the effective date of this amendatory Act, whichever is later, and each seven-year period thereafter. The Recorder of Deeds shall attach such affidavit after the filing thereof to the instrument to which it relates. The Recorder of Deeds may destroy any such instrument which has become void under the provisions of this subchapter, together with any afiidavit, release and assignment relating thereto: Provided, That such destruction shall not be effected until the expiration of one year from the effective date of this amendatory Act. " SEC. 5 4 6 - E. When the debt secured by any instrument filed pursuant to section 546-A or section 546-B of this subchapter has been paid in full, the vendor, mortgagee, trustee or conditional vendor or his assignee shall, within twenty days thereafter, (a) execute or cause to be executed a release thereof, acknowledged before a notary public, and (b) deliver or cause to be delivered such release to the Recorder of Deeds. The Recorder (a) shall file the instrument of release by attaching the same to the instrument to which it relates; and (b) shall enter on the released instrument and on the index record thereof the word 'released', the date of filing of the instrument of release and a facsimile of his signature. " SEC. 5 4 6 - F. When any instrument filed pursuant to section 546-A or section 546-B of this subchapter has not become void but has, subsequent to the effective date of this amendatory Act, been released as provided in section 546-E of this subchapter, the Recorder may, after the expiration of three years from the date of the filing of such release, destroy such instrument, the release, and assignments relating thereto. "SEC. 546-G. Any person intentionally making a false statement with respect to an instrument filed with the Recorder of Deeds pursuant to section 546-A or section 546-B of this subchapter, or who, after receipt of payment in full of the debt secured by any such instrument, shall, for a period of more than twenty days after written demand by the person indebted, neglect or refuse to execute and file with the Recorder of Deeds a release as provided in section 546-E of this subchapter, shall upon conviction be punished by a fine of not more than $500 or be imprisoned for not more than one year, or both. Prosecutions for violations of this subchapter shall be by the Corporation Counsel of the District of Columbia or any of his assistants, in the name of the District of Columbia." SEC. 4. Section 11 of the Act entitled "An Act to provide for the recording and releasing of liens by entries on certificates of title for motor veliicles and trailers, and for other purposes", approved July 2, 1940 (54 Stat. 736; title 40, ch. 7, D. C. Code, 1940), is amended by adding at the end thereof a new sentence to read as follows: "Whenever any lien has been released as provided in this section for a period of

Disposal.

Instrument of release.

Violations.

Motor v e h i c l e s. Liens.

D. C. C o d e 4 0711.

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