Chap. 33.—An ACT to amend and re-enact Section 3403 of the Code of Virginia,
relating to the issuance of process by clerks and its delivery for service, so as to
permit payment to clerks of fees for serving process and other papers, and to
require clerks to transmit such fees to the proper officer and to tax the amount
thereof as costs. [H B 55]

Approved February 21, 1946

Be it enacted by the General Assembly of Virginia:

1. That section thirty-four hundred three of the Code of Virginia
be amended and re-enacted, as follows:

Section 3403. Clerk to deliver or send process to officer; process
book; fees for service paid clerk for officer, and taxed as costs.—The
clerk of the circuit court of every county and the clerk of the circuit,
corporation or other court of every city, from whose office may be issued
any process, original, mesne or final, or any order or decree to be served
on any person, shall, unless the party interested, or his attorney, direct
otherwise, deliver the same to the sheriff, sergeant or other proper of-
ficer of the county or city for which the court is held, if it is to be executed
therein, and if it is to be executed in any other county or city, shall in-
close the same to the sheriff or other proper officer thereof, properly ad-
dressed, put it in the postoffice and pay the postage thereon. The clerk
shall keep a process book wherein there shall be an entry of every such
process, order, or decree, showing its nature, date, and return day; the
person to whom, and the time when it was delivered, or, if it was mailed,
the time thereof and the person to whom it was inclosed. From any of-
ficer, to whom there 1s such delivery, the clerk shall take a receipt in his
process book. The fee for serving such process, order or decree may
be delivered to the clerk, who shall transmit it with the papers to be
served to the sheriff, sergeant or other proper officer, and such fee so
paid shall be taxed by the clerk as a part of the costs of the proceeding.