CHAPTER 556

An Act to amend and reenact §§ 14-182, 14-188, as amended, 14-184,
14-185, as amended, and 14-186 of the Code of Virginia, relating to
fees for certain services in connection with civil and criminal mat-
ters in courts not of record; and to repeal § 14-184.1, prescribing
costs in civil cases in certain courts, and § 14-187, relating to the
issuance of unnecessary warrants.

[H 864]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:
1. That §§ 14-132, 14-133, as amended, 14-184, 14-135, as amended, and
14-136 of the Code of Virginia be amended and reenacted as follows:

§ 14-182. Fees for services in criminal cases; to be taxed as costs.—
* Fees for services performed by the judges or clerks of courts not of
record in criminal actions and proceedings shall be as follows and such
fees shall be included in the taxed costs:

(1) For issuing a warrant of arrest, or a warrant for violation of an
ordinance, including the issuing of all subpoenas, one dollar.

For issuing a search warrant, one dollar.

(8) For trying or examining a case of misdemeanor, * including
swearing witnesses and taxing costs, two dollars.

(4) For * examining a * charge of * felony, including swearing
witnesses and taxing costs, two dollars.

(5) For admitting any person to bail, including the taking of the
necessary bond, one dollar, which shall, notwithstanding other provisions
to the contrary, be collected at the time of admitting the person to bail,
but which shall in no case be paid out of the State treasury.

§ 14-133. * Fees in civil cases in county and municipal courts.—
Fees in civil cases for services performed by the judges or clerks of
county courts, municipal courts and police justice courts, or by justices
of the peace in the event any such services are performed by such justices
in civil cases, shall be as follows, and, unless otherwise provided, shall be
included in the taxed costs:

(1) For issuing any civil warrant, motion for judgment, attachment,
summons in garnishment, summons in interrogatory proceedings, or other
process or summons for which no other specific fee is prescribed herein,
yne dollar, and when there are two or more defendants or one or more
910 ACTS OF ASSEMBLY [vA., 1956

defendants and one or more co-defendants in the same * action, one dollar,
for the first defendant and twenty-five cents for each additional defendant
and each co-defendant.

(2) For issuing a summons for a witness or witnesses, twenty-five
cents for each witness.

(8) For docketing, indexing and filing papers in any action or pro-
ceeding, including the filing and indexing fee prescribed in § 16.1-115, or
in paragraph (11) hereof, one dollar and twenty-five cents, which fee
shall be designated as a docketing fee, shall be paid to the clerk or other
officer at the time the warrant or other process is issued, shall be trans-
mitted to the court on or before the return day thereof, shall not be
refunded by the court or clerk, and shall be in lieu of the trial fee pre-
scribed in paragraph (4) hereof unless the claim is for money or property
and the amount involved or the value thereof is in excess of two hundred
dollars; provided, however, that if no service of process is had in any
action or other proceeding, such docketing fee shall be returned to the
person by whom the proceeding was instituted.

(4) For hearing, entering judgment on, continuing, or otherwise
disposing of on the return day, any civil warrant, motion for judgment,
attachment, garnishment, or other action or proceeding whioh is on a
claim for money or is for property of a stated value and such claim or
value is in excess of two hundred dollars, one dollar if such claim or value
does not exceed one thousand dollars, two dollars if it exceeds one thou-
sand dollars and does not exceed two thousand dollars. If the action is for
the recovery of possession of real estate and the plaintiff claims damages
for forcible or unlawful detention of the premises, or for rent owing at
the time of the institution of the action, there shall be no further fee on
the claim for possession but the fee on the claim for the damages or the
rent shall be one dollar if such claim does not exceed two hundred dollars,
and if in excess of two hundred dollars the fee shall be one dollar and also
the fee prescribed herein for claims for property or money in excess of
two hundred dollars. If the action is for the recovery of personal property
and the plaintiff claims damages for the unlawful detention thereof, the
amount of damages claimed shall be added to the value of the property in
determining the amount of the fee. The fee prescribed in this paragraph
shall be designated as a trial fee, and such fee shall not be charged if on
the return day of the warrant or other proceeding the case is dismissed on
the motion of the plaintiff before any hearing is had or other action taken
in connection therewith or because of the failure of the plaintiff to appear.
If the action is for the recovery of real estate and also for damages or rent
or both, and the claim for possession of the real estate or the claim for
damages or rent is dismissed on the return day before any hearing is had
or other action is taken in connection with such claim, the trial fee pre-
scribed herein for that claim shall not be charged. The fees prescribed in
this paragraph shall include the issuing of the first writ of fiert facias or
order of seizure or writ of possession on any judgment rendered tn the
action or proceeding, and the filing of such writ upon its return.

(5) For granting each continuance except the first of any warrant
or other proceeding pending before the court, fifty cents, but tf the con-
tinuance is at the instance and for the convenience of the judge, the fee
shall not be charged. Such fee shall be paid by the party requesting the
continuance, and shall not be taxed as a part of the costs.

(6) For issuing any additional order of seizer or writ of possession
in detinue, unlawful detainer, or in any other action, fifty cents.

(7) For issuing any writ or order for the attachment of the person,
fifty cents.

(8) For issuing any writ for which no other specific fee is prescribed
CH. 556) ACTS OF ASSEMBLY 911

herein, fifty cents, but no fee shall be charged for issuing any notice or
rule to show cause against the imposition of any fine or other punishment.
. (9) For preparing the bond upon issuing any order or writ, admin-
tstering necessary oaths and preparing affidavits in connection therewith,
Rfty cents and for taking and filing other bonds not specified herein, fifty
cents.

(10) For taking or filing or for both taking and filing the affidavit
required in a petition for an attachment, an application for a distress war-
rant or a warrant in an unlawful detainer action, or in an application for
seizure of property in an action of detinue, twenty-five cents. i

(11) For filing and indexing the papers in the clerk’s office, if such
papers are permanently filed and preserved therein, twenty-five cents.

(12) For hearing proceedings on interrogatories as provided in
Article 6 of Chapter 19 of Title 8, one dollar, together with a hearing fee
in an amount equal to the trial fee prescribed in paragraph (4) hereof for
disposing of civil warrants and motions for judgment.

(18) For issuing any subsequent execution after the: first on any
judgment, fifty cents.

(14) For issuing an abstract of judgment, twenty-five cents.

(15) For entering satisfaction of any judgment, twenty-five cents,
and for issuing a certificate that judgment has been or has not been
released, twenty-five cents. Ce

(16) For preparing an appeal bond and administering the necessary
oaths, or for receiving cash in lieu thereof if authorized by law, fifty cents.

(17) For making out and attesting a transcript of the papers and
proceedings in any case, and preparing the necessary certificates and
geal such proceedings for use elsewhere, two dollars and fifty
cents.

The fees prescribed in this section shall be the only fees charged tn
civil cases for services performed by such judges and clerks, and when the
services referred to herein are performed by justices of the peace such
fees shall be the only fees charged by such justices for the prescribed
services.

§ 14-134. No fees for other services.—Enumeration of the foregoing
fees shall not relieve any * judge or clerk of a county or municipal court
from performing any duty imposed upon him by law, although no fee be
herein set forth covering the services required. In all proceedings the *
judge or clerk shall tax as costs all charges properly constituting the same.

§ 14-135. Justices of the peace.—A justice of the peace may, * for
the following services performed by him by virtue of his office, charge
and collect the following fees * only:

(1) For taking and certifying the acknowledgment of any deed or
other writing, fifty cents.

(2) For administering and certifying an oath or affirmation, unless
it be * that of a witness, * twenty-five cents.

(3) For taking and certifying affidavits or depositions of witnesses,
when done in an hour, one dollar, but if not done in an hour, then at the
rate of seventy-five cents per hour for any additional time.

_ _§ 14-136. Fees for justice of the peace in criminal matters—* A
justice of the peace shall charge for services rendered by him in criminal
actions and proceedings the following fees only:

(1) For issuing a warrant of arrest, or a warrant for violation of
any ordinance, including the issuing of all subpoenas, one dollar.

(2) For issuing a search warrant, one dollar.
($) For admitting any person to bail, including the taking of the
necessary bond, * two dollars, * which shall, notwithstanding other provi-
2. §§ 14-1384.1 and 14-1387 of the Code of Virginia are repealed.
8. This act shall become effective on July 1, 1956.