Chap. 312.—An ACT to amend and re-enact sections 3481 and 3507 of the
Code of Virginia, as amended by an act approved March 25, 1920. [H B 415]

Approved March 20, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tions thirty-four hundred and eighty-one and thirty-five hundred and
seven of the Code of Virginia, as amended by an act approved March
twenty-fifth, nineteen hundred and twenty, be amended and re-enacted
so as to read as follows:

Section 3481. Justices of the peace—(1) For taking and certify-
ing the acknowledgment of any deed or other writing, fifty cents.

(2) For administering and certifymg an oath, unless it be the
affidavit of a witness, or acknowledgment of bail, or issuing process
of attachment, twenty-five cents. :
(3) For taking and certifying dffidavits or depositions of wit-
nesses, where done in an hour, one dollar.

: (4) If not done in an hour, for any additional time, at the rate
per hour of seventy-five cents.

(5) For issuing any warrant in which the Commonwealth is not
plaintiff, including the issuing of subpoenas, fifty cents, provided,
however, in cities between one hundred thousand and one hundred and
seventy thousand inhabitants by the last United States census the
charge shall be one dollar.

(6) For trying and giving judgments on such warrants, including
swearing witnesses, taxing costs and issuing executions, one dollar.

(7) For each additional justice sitting in such a case, one dollar.

(8) For other services, a justice of the peace shall have the same
fees as the clerk of a circuit or city court for like services.

(9) When a justice attends a trial and the case is continued
to another day, the justice shall be entitled to a fee of fifty cents to be
paid by. the party asking for the continuance.

Section 3507. To a justice of the peace—In counties and towns,
and in cities of less than twenty-five thousand inhabitants as shown
by the last United States census, the fees of justices of the peace
shall be as follows:

For issuing warrant of arrest, one dollar.

For trying or examining a case of misdemeanor, two dollars.

For examining a charge of felony, two dollars.

For admitting any person to bail, one dollar, provided, however,
in no case shall this payment be made out of the State treasury.

For issuing a search warrant, one dollar.

In cities of twenty-five thousand or more inhabitants as shown by
the last United States census, the fees of the justices of the peace
shall be as follows: :

For issuing warrant of arrest, fifty cents.

For trying or examining a case of misdemeanor, one dollar.

For examining a charge of felony, one dollar.

For admitting any person to bail, one dollar, provided, however,
in no case shall this payment be made out of the State treasury.

For issuing a search warrant, one dollar.

No justice in any county, city or town shall issue more than one
warrant against a number of persons charging them separately with
an offense of the same nature (a justice shall include in one warrant
the names of all parties defendant charged with an offense of the same
nature, committed at the same time), nor shall a justice receive more
than one fee for issuing more than one warrant of arrest or search
warrant, or trying or examining more than one case of misdemeanor,
or examining more than one charge of felony against the same party
defendant, when said warrants are issued or trials or examinations
had on the same day.

The said fees shall be in full for all services rendered in each case by
a justice, but shall not be allowed or paid by the auditor of public ac-
counts without a certificate of the judge of the court, allowing the ac-
count, that he has actually examined the papers upon which the account
is founded and is satisfied that the warrant was issued and trial had
or examination made as shown in the account. The police justice or
other justice having similar jurisdiction and receiving a salary of a
city shall not be entitled to receive out of the State treasury the fees
provided in this section, but every ‘such justice shall be paid by the
city for which he is employed. But if any such warrant of arrest for
a misdemeanor or felony, or a search warrant, be had or procured
at the instance of a prosecutor (other than a public officer charged
with the enforcement of the laws) and be dismissed or the accused
discharged from accusation, the justice or justices before whom the
proceeding is,,may give judgment against the prosecutor in favor of
the accused for his cost, and must do so, if the justice or justices
believe from the evidence that said proceeding was procured by said
prosecutor through malice or without reasonable and probable cause.