Chap. 459.—An ACT to amend and re-enact section 3487 of the Code of Vir-
ginia, relating to fees for sheriffs, sergeants, criers, coroners and constables.
[S B 266]

Approved March 27, 1930

1. Be it enacted by the general assembly of Virginia, That sec-
tion thirty-four hundred and eighty-seven of the Code of Virginia,
be amended, and re-enacted so as to read as follows:

Section 3487. First. The fees of sheriffs, sergeants, criers, and
constables shall be as follows:

Second. For serving on any person a declaration in ejectment
or an order, notice, summons, or other process when the body is not
taken and making return thereof, fifty cents.

Third. For summoning a witness or garnishee on an attachment,
fifty cents.

Fourth. For serving on any person an attachment or other process
under which the body is taken and making return thereof, one dollar.

Fifth. Fer serving a warrant under chapter two hundred and
fifty, fifty cents.

Sixth. For receiving a person in jail, twenty-five cents. _

Seventh. For discharging a person from jail, twenty-five cents.

Eighth. For carrying a prisoner, other than a prisoner arrested
for felony or misdemeanor, to or from jail, each mile of necessary
travel, either in going or returning, five cents.

Ninth. For removing a person, by virtue of a warrant issued
under chapter one hundred and eleven by a justice, or one of the over-
seers of the poor (to be charged to said overseer), tor each mile ot
necessary travel, either going or returning, five cents.

Tenth. For taking any bond, sixty cents.

Eleventh. When a petit juror is sworn in court, for impaneling
and summoning such a jury, one dollar and fifty cents.

Twelfth. For serving any order of court, not otherwise provided
for, fifty cents.

Thirteenth. When a jury is summoned upon a writ of ad quod
damnum, or any inquest in vacation, for summoning them, one dollar.

Fourteenth. And for attending at the place of their meeting, one
dollar.

Fifteenth. And if the jury attend there, and a verdict or inquisi-
tion be found and returned, two dollars.

But when more than one writ of ad quod damnum is executed by
the same jury in the same case upon the same summons, the sheriff
shall have but one fee for summoning the jury and attending at their
place of meeting and shall be allowed but one dollar additional for
such additional inquisition found and returned.

Sixteenth. For serving a writ of possession, one dollar and fifty
cents. ,

Seventeenth. For keeping and supporting any person confined in
jail, the same fees as provided in section thirty-five hundred and ten,
or acts amendatory thereof.

Eighteenth. For keeping and supporting any horse or mule dis-
trained or levied on, for each day when stall fed, eighty cents.

Nineteenth. And for each day when pastured, twenty-five cents.

Twentieth. For each hog or head of cattle, per day, fifteen cents.

Twenty-first. For each sheep or goat, per day, ten cents.

Twenty-second. For levying an execution or distress warrant or
attachment, one dollar and fifty cents.

Provided, however, that in cities having a population of more than
fiftv thousand inhabitants by the last preceding United States census
or other enumeration authorized by law, the fee shall not exceed the
sum of fifty cents.

The circuit court of any county or the corporation court may, at
any time, fix or alter the rates to be thenceforth paid in such county
or corporation for keeping and supporting any person in jail, or any
horse or live stock, but the rates so fixed or altered shall never exceed
those hereinbefore mentioned. The officer shall be paid any necessary
expense incurred by him in keeping property not before mentioned or
in removing any property; and when, after distraining or levying on
tangible property he neither sells nor receives payment, and either
takes no forthcoming bond, or takes one which is not forfeited, he
shall, if in default, have (in addition to the sixty cents for a bond,
if one was taken) a fee of three dollars.

Unless this is more than one-half of what his commission would
have amounted to if he had received payment, in which case he shall
(whether a bond was taken or not), have a fee of at least one dollar,
and so much more as is necessary to make the said half.

The commission to be included in a forthcoming bond, when one
is taken, shall be ten per centum on the first one hundred dollars of
the money for which the distress or levy is; five per centum on the
next four hundred dollars, and two per centum on the residue of said
money; but such commission shall not be received unless the bond is
forfeited or paid (including the commission) to the plaintiffs, and
of whatever interest accrue on such bond, or the execution of judgment
thereon, the officer shall be entitled to his proportionable share thereof,
on account of his fees included in such bond. An officer receiving
payment under an execution or other process in money, or selling
goods, shall receive the like commission of ten per centum on the first
one hundred dollars of the money paid or proceeds from the sale,
five per centum on the next four hundred dollars, and two per centum
on the residue; except that when such payment or sale is on execution
on a forthcoming bond, his commission shall only be half what it would
be 1f the execution were not on such bond.

In cities of sixty thousand inhabitants and more, however, the com-
mission to be included in a forthcoming bond, when one is taken,
shall be ten per centum on the first one hundred dollars of the money
for which the distress or levy is, and two per centum on the residue
of said money; but such commission shall not be received unless the
bond is forfeited or paid (including the commission) to the plaintiffs,
and of whatever interest may accrue on such bond, or the execution of
judgment thereon, the officer shall be entitled to his proportionable
share thereof, on account of his fees included in said bond. An officer
receiving payment in money or selling goods shall receive the like com-
mission of ten per centum on the first one hundred dollars of the money
paid or proceeding from the sale, and two per centum on the residue,
except that when such payment or sale is on an execution on a forth-
coming bond, his commission shall only be half what it would be if the
execution were not on such bond. The commission to the sheriffs,
sergeants and constables provided for in this section shall not be based
on any costs taxed by any court in any case nor on any fees allowed
by law. :

Z. All acts and parts of acts in conflict herewith are hereby re-
pealed.