CHAPTER 386

An Act to revise, rearrange, amend and recodify the general laws of Vir-
ginia, relating to costs, fees, salaries and allowances; to that end to
repeal Title 14 of the Code of Virginia, which title includes Chapters
1 to 8 and §8§ 14-1 to 14-197, inclusive, of the Code of Virginta as
amended, which title relates to costs, fees, salaries and allowances;
to amend the Code of Virginia by adding thereto in lieu of the fore-
going title, chapters and sections of the Code repealed by this act a
CH. 386] ACTS OF ASSEMBLY 593

new title numbered 14.1, which title includes three new chapters num-
bered 1 to 8, inclusive, and new sections numbered 14.1-1 to 14.1-
201, inclusive, relating to costs, fees, salaries and allowances; to
prescribe when such revision and recodification shall become effec-
tive; and to repeal all acts and parts of acts in conflict with the pro-
visions of this act.

[H 60]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1, That Title 14 of the Code of Virginia, which title includes Chapters
1 to 8, inclusive, §§ 14-1 to 14-197, inclusive, of the Code of Virginia, as
amended, is repealed.

2. That the Code of Virginia be amended by adding thereto, in lieu of
the title, chapters and sections of the Code of Virginia herein repealed, a
new title numbered 14.1, three new chapters numbered 1 to 3, inclusive, and
new sections numbered 14.1-1 to 14.1-201, inclusive, which new title, chap-
ters and sections are as follows:

CHAPTER 1.
Salaries and Expenses of Office

ARTICLE 1.
General Provisions
§§ 14.1-1 through 14.1-11

§ 14.1-1. The salaries, expenses and other allowances, including mile-
age, mentioned in this chapter shall, except where otherwise specifically
provided, be paid out of the State treasury after being duly audited, and
the Comptroller shall draw his warrants on the State Treasurer for the
payment thereof. Salaries shall be paid every two weeks, semi-monthly
or monthly, at the discretion of the Comptroller, upon such dates as the
Comptroller may prescribe. Expenses shall be paid when they shall have
been incurred, and the other allowances shall be paid when the services
shall have been rendered or the travel shall have been performed; but
members of the General Assembly and others traveling to the seat of gov-
ernment who would be entitled to mileage for traveling home may receive
such mileage before going home.

§ 14.1-2. The salary of no State officer or employee which is pay-
able by the State and which is not specifically fixed by law and the salary
of no officer or employee of any State institution, board, commission or
agency which is not specifically fixed by law, shall be hereafter increased,
or authorized to be increased, without prior authorization of such board
or commission and the consent of the Governor first obtained in writing
in each case. Any violation of this section shall constitute misfeasance in
office. Nothing herein contained shall apply to teachers in the elementary
or high schools of the Commonwealth or to employees receiving compensa-
tion not in excess of one hundred dollars per month.

§ 14.1-8. Whenever any officer, other than one whose office is
created by the Constitution of this State, is indebted to the State for
money collected by him or improperly drawn by him or upon his order from
the State treasury during his term of office and, after payment of such
indebtedness is demanded by the Comptroller, such officer continues in
default, the Comptroller shall not issue his warrant for, nor shall the
State Treasurer pay, any part of the salary due, or to become due, to such
officer until he shall have made good his default. He may, however, file
his petition in the Circuit Court of the city of Richmond against the Comp-
troller, asserting his claim to his salary, and praying for payment thereof.
The Comptroller shall make answer to the petition, and thereupon the
proceedings shall be according to the provisions of chapter 34 of Title 8.
If it be found that the petitioner is indebted as aforesaid, the State shall
be credited on his salary then due with the amount of such indebtedness
and if, after such credit is thus given, there is a balance in his favor, judg-
ment therefor shall be rendered in his behalf. If the indebtedness exceeds
his salary then due, judgment for the excess shall be rendered against him
and the amount thereof, unless sooner paid, shall be credited to the State
on his salary thereafter becoming due. The Comptroller shall issue his
warrant on the State Treasurer for the payment of any judgment thus
rendered in behalf of the petitioner. In the proceeding by petition the
Attorney General shall represent the State, unless he be interested; and if
he be interested, the Comptroller shall employ other counsel to represent
the State in the case.

§ 14.1-4. If such officer fails to file a petition under the preceding
section within twelve months after payment of any installment of his sal-
ary is withheld as aforesaid, his right to file the same shall be barred;
and in such case the Comptroller shall credit the State on the officer’s
salary with the amount of his indebtedness, and make that fact appear on
the books of his office.

§ 14.1-5. Any person traveling on State business shall be entitled to
reimbursement for such of his actual expenses as are necessary and ordi-
narily incidental to such travel. If conveyance is by public transportation,
reimbursement shall be at the actual cost thereof. If conveyance is by
private transportation reimbursement shall be at the rate of seven cents
per mile. The provisions of this section shall not, however, affect the pro-
visions of section 14.1-19.

§ 14.1-6. Travel shall be over the most direct and practical route.
Reimbursement for the cost of conveyance shall not be certified to the
Comptroller for payment by State agencies in excess of the reimbursement
allowed in § 14.1-5 except in an emergency or, when in the interest of the
State, a greater expense is justified, the facts in each such instance to be
stated in the expense account.

§ 14.1-7. Any person traveling on business of any county, except as
hereinafter provided, wherein no part of the cost is borne by the State
may be reimbursed by such county on a basis not in excess of that provided
in § 14.1-5, and any person traveling on business of any town, city, or any
county operating under the county manager or county executive form of
organization and government provided for in chapters 18 (§ 15.1-582 et
seq.) or 14 (§ 15.1-669 et seq.) of Title 15.1 of this Code, may be reim-
bursed by any such town, city or county on a basis and in a manner that
the governing body of such town, city or county may provide.

14.1-8. Any person traveling on business of any county, except as
hereinafter provided wherein the State is required to bear a portion of the
expenses may be reimbursed by any such county on a basis not in excess
of that provided in § 14.1-5 but the portion to be borne by the State shall
be subject to the approval of the State Compensation Board, and any person
traveling on business of any town, city or any county operating under the
county manager or county executive form of organization and government
provided for in chapters 138 (§ 15.1-582 et seq.) or 14 (§ 15.1-669 et seq.)
of Title 15.1 of this Code, wherein the State is required to bear a portion
of the expenses may be reimbursed by any such town, city or county on a
basis and in a manner that the governing body of such town, city or county
may provide, but the portion to be borne by the State shall be subject to
the approval of the State Compensation Board.

§ 14.1-9. Mileage of seven cents per mile allowed under § 14.1-5 shall
be construed to include all costs incident to the maintenance and operation
of private conveyance except ferry and bridge tolls.

§ 14.1-10. All travel expense accounts shal] be submitted on forms
prescribed or approved by the Comptroller. They shall be in adequately
explanatory detail and shall state the purpose of or reason for such travel
expense. The Comptroller shall withhold issuance of warrants on accounts
which do not comply with this section.

§ 14.1-11. Notwithstanding any other provisions of this title, the
governing body of any county having a population of more than four
thousand per square mile, or any county having a population of more than
thirty-seven thousand but less than thirty-eight thousand, may, in its discre-
tion, supplement the compensation of the treasurer, Commissioner of Reve-
nue, clerk, attorney for the Commonwealth and Sheriff of such county,
or any of their employees, above the salary of any such officer or employee
established in this title, in such amounts as it may deem expedient. Such
additional compensation shall be wholly payable from the funds of any
such county and shall not exceed one-half of the amount of participation by
the State in the amount of the salary of the officer or employee.

ARTICLE 2.
State Officials and Assistants
§§ 14.1-12 through 14.1-16

§ 14.1-12. The Governor and all officers of the Commonwealth shall
receive annually for their services such salaries as shall be fixed by law.

§ 14.1-18. The Governor, the Attorney General and the State Cor-
poration Commission each may appoint such clerical force as may be
deemed necessary to the efficiency of their respective offices, but the aggre-
gate amount paid such clerks shall not exceed the sum provided by law;
and they may expend for the contingent expenses of their respective offices
such sums as may be provided by law. The Governor may employ such
help at the Executive Mansion as may be provided by law, payable semi-
monthly on the certificate of the Governor.

§ 14.1-14. All fees mentioned in § 14.1-108, and all other fees of office
and commissions accruing, shall be collected by the Secretary of the Com-
monwealth, and shall be paid by him into the State treasury.

§ 14.1-15. All fees of office and commissions accruing to the State
Treasurer shall be paid into the State treasury.

§ 14.1-16. The whole time of the Commissioner of Mental Hygiene
and Hospitals shall be devoted to the duties of his office. In addition to
his salary he shall receive his necessary traveling expenses, not to exceed
the amount provided by law, while engaged in the duties of his office. The
superintendents and other officers and employees of the respective hospitals
shall each annually receive such salaries as shall be fixed from time to time
in the general appropriation acts, and when they occupy buildings on the
grounds or belonging to the respective institutions, they shall pay therefor
such rental as may be fixed in accordance with law.

ARTICLE 3.
General Assembly
§§ 14.1-17 through 14.1-28

§ 14.1-17. The President of the Senate and the Speaker of the House
of Delegates shall each receive the sum of one thousand and two hundred
sixty dollars and the other members of the General Assembly shall each re-
ceive the sum of one thousand eighty dollars, for attendance and services at
each regular session of the General Assembly; and at all extra sessions the
President of the Senate and the Speaker of the House of Delegates shal]
each receive that proportion of six hundred thirty dollars which the
actual number of days in session is to thirty days, and the other members of
the General Assembly shall each receive that proportion of five hundred and
forty dollars which the actual number of days in session is to thirty days,
for attendance upon the duties of their respective houses. Such salaries
shall be paid in the following manner: To the President of the Senate and
the Speaker of the House of Delegates, each at the rate of one hundred and
forty-seven dollars per week, and the other members of the General As-
sembly, each at the rate of one hundred and twenty-six dollars per week,
until their respective salaries are exhausted, or until the General Assembly
adjourns; at which time the whole amount of their salaries remaining
unpaid, if any, shall then be paid. Any sick member, or one who shall have
obtained leave of absence, shall receive such salary as is due him in the
same manner as if he had been in his seat. If, during any session of the
General Assembly, any member shall die, or otherwise vacate his seat, and
his successor be elected, the personal representative of the deceased mem-
ber shall receive the uncollected compensation up to the date of the death
of such deceased member and the successor of the deceased member shall
receive the per diem beginning from the date of his election.

Each member of the General Assembly shall receive in addition to
the salary provided hereinabove seven hundred and twenty dollars for
regular sessions and for extra sessions that proportion of three hundred
and sixty dollars which the actual number of days in session is to thirty
days, as an allowance for expenses incurred while in attendance upon the
duties of their respective houses.

§ 14.1-18. Members of legislative committees which may sit during
any recess of the General Assembly may receive compensation at a rate not
exceeding eighteen dollars per day for the time actually employed in the
discharge of their duty.

§ 14.1-19. The members of the General Assembly and officers and
employees of each house thereof, and members of legislative committees
which may sit during any recess of the Genera] Assembly, each shall receive
as and for their mileage seven cents per mile for every mile of necessary
travel to and from the place of meeting, to be computed according to the
nearest mail route, but shall not be reimbursed for other expenses.

§ 14.1-20. For the purpose of this article only, the following shall
be computed as the number of miles between the city of Richmond and
the respective courthouses of the following counties: Accomack, one hun-
dred and seventy-seven; Albemarle, ninety-seven; Alexandria, one hundred
and nine; Alleghany, two hundred and five; Amelia, thirty-six; Amherst,
one hundred and forty-five; Augusta, one hundred and thirty-six; Appo-
mattox, one hundred and twenty-four; Bath, two hundred and thirty-five;
Bedford, one hundred and seventy-two; Bland, three hundred; Botetourt,
two hundred and twelve; Brunswick, eighty-six; Buchanan, three hundred
and seventy-seven; Buckingham, eighty-four; Campbell, one hundred and
thirty-nine; Caroline, forty-four; Carroll, two hundred and ninety-nine;
Charles City, thirty; Charlotte, eighty-six; Chesterfield, fourteen; Clarke,
two hundred and eleven; Craig, two hundred and thirty-nine; Culpeper,
one hundred; Cumberland, fifty-five; Dickeson, four hundred and
twenty-five; Dinwiddie, forty; Essex, seventy; Fairfax, one hun-
dred and twenty-nine; Fauquier, one hundred and thirty-three; Flu-
vanna, seventy; Floyd, two hundred and fifty-two; Franklin, two hun-
dred and six; Frederick, two hundred and three; Giles, two hundred and
seventy-two; Gloucester, eighty; Greene, one hundred and ten; Goochland,
twenty-eight; Grayson, three hundred and six; Greensville, sixty-three;
Halifax, one hundred and fourteen; Hanover, twenty; Henry, one hundred
and eighty-three; Highland, one hundred and eighty-two; Isle of Wight,
ninety; James City, forty-eight; King and Queen, forty; King George,
eighty-three; King William, thirty-six; Lancaster, one hundred and forty-
nine; Lee, four hundred and sixty ; Loudoun, one hundred and fifty ; Louisa,
sixty-two: Lunenburg, seventy-five: ; Madison, one hundred and six; Mat-
hews, one hundred and nineteen; Middlesex, eighty-three; Mecklenburg,
ninety-nine; Montgomery, two hundred and thirty-two: - Nansemond,
eighty-one; Nelson, one hundred and thirty-one; New Kent, thirty; North-
ampton, one hundred and forty-six; Northumberland, one hundred and
sixty-one; Nottoway, sixty-six; Orange, eighty-five ; Page, one hundred
and seventy-nine; Patrick, two hundred and sixteen; Pittsylvania, one hun-
dred and sixty; Powhatan, thirty-two; Prince Edward, ninety-two; Prince
George, thirty; Prince William, one hundred and thirty-five; Pulaski, two
hundred and fifty-nine; Rappahannock, one hundred and twenty-five ; Rich-
mond, one hundred and twelve; Roanoke, two hundred and six; Rockbridge,
one hundred and seventy-two; Rockingham, one hundred and sixty-two;
Russell, three hundred and seventy-nine; Scott, three hundred and eighty-
three; Shenandoah, two hundred and eight; Smyth, three hundred and six;
Southampton, ninety-two: Spotsylvania, seventy; Stafford, seventy-three;
Surry, sixty-seven; Sussex, fifty ; Tazewell, three hundred and twenty-six;
Warren, one hundred and eighty-six; Washington, three hundred and
thirty-seven; Westmoreland, one hundred and twelve; Wise, four hundred
and seventeen ; Wythe, two hundred and sixty-nine; York, sixty-three. And
the following shall be computed as the number of miles between the city
of Richmond and the respective courthouses, of the following cities: Nor-
folk, ninety-one; Portsmouth, ninety-one; Petersburg, twenty-three; Wil-
liamsburg, forty; Lynchburg, one hundred and forty-seven; Danville, one
hundred and forty-one; Alexandria, one hundred and nine; Roanoke, one
hundred and ninety-nine; Radford, two hundred and forty-three; Newport
News, seventy-five; Bristol, three hundred and fifty-one; Hampton, eighty-
)

§ 141-21. For the purpose of this article only, the distance of the city
of Richmond from any place in any county or city other than the court-
house thereof, shall be ascertained by adding to or deducting from the
number of miles between the city of Richmond and such courthouse, as
declared by law, so many miles as such place may be farther from or nearer
to such city than such courthouse may be.

§ 14.1-22. The Clerk of the Senate and the Clerk of the House of Dele-
gates shall each receive such salaries as shall be fixed from time to time
by the general appropriation acts.

§ 14.1-28. The assistant clerks of the Senate and House of Delegates,
and the ‘journal and reading clerks of the Senate and House of Delegates
shall receive the sum of ten dollars per day during the session of the Gen-
eral Assembly.

§ 14.1-24. An Enrolling Clerk and an Engrossing Clerk, each to be
appointed by the Clerk of the House of Delegates, shall receive ten dollars
per day during the session of the General Assembly.

§ 14.1-25. Such clerks of the several standing committees as may be
prescribed by the rules of the Senate and the House of Delegates, respec-
tively, shall each receive the sum of eight dollars per day during the session
of the General Assembly and the joint committee clerks for the Senate and
House of Delegates shall each receive the sum of eight dollars per day
during the session of the General Assembly and, without any additional
compensation, each of such clerks shall perform the duties of clerks of any
other committees in their respective houses and other services that may be
required of them.

§ 14.1-26. The Sergeant-at-Arms of the Senate and the Sergeant-at-
Arms of the House of Delegates shall each receive the sum of ten dollars per
day during the session of the General Assembly; and in addition thereto
for taking any person into custody by order of their respective houses, two
dollars; for each day such person is detained in custody, two dollars; and
for the travel of such Sergeant-at-Arms or messenger under such order,
eight cents per mile in going to the place of arrest; but no allowance shall
be made for the arrest or custody of members who may be taken in the city
of Richmond under a call of either house.

§ 14.1-27. The first and second doorkeepers of the two houses shall
each receive the sum of ten dollars per day during the session of the General
Assembly and a gallery doorkeeper each for the Senate and the House of
aeatee shall receive such per diem as may be fixed by the respective

ouses.
§ 14.1-28. Seven pages to be appointed in the Senate and fourteen
pages in the House of Delegates shall each receive the sum of seven
dollars and fifty cents per day during the session of the General Assembly.
ARTICLE 4.
Judiciary
§§ 14.1-29 through 14.1-89

§ 14.1-29. The judges of the Supreme Court of Appeals shall receive
such salaries as shall be fixed from time to time in the general appropria-

ion acts.

§ 14.1-80. The Clerk of the Supreme Court of Appeals shall receive
an annual salary in such amount as shall be provided by law. Bach deputy
clerk of the court shall receive an annual salary, the amount of which shall
be fixed by the court at not to exceed the amount appropriated for such
purpose. The salaries prescribed in this section for the Clerk and deputy
clerks of the Supreme Court of Appeals shall be the entire compensation
for all services rendered by them, respectively, and shall be in lieu of any
and all fees and other emoluments of their offices, prescribed by any other
statutes or acts; but the Clerk of the court may, with the consent of the
court, act as secretary and treasurer of the Board of Law Examiners and
receive the compensation allowed therefor. A reasonable sum, or sums,
shall be allowed for the necessary expenses of maintaining the offices of
ae Clerk, which sum, or sums, shall be expended only upon the orders of

e court.

§ 14.1-81. The Clerk of the Supreme Court of Appeals shall keep an
accurate account of all fees and costs collected by him and shall make
monthly remittances thereof to the State Treasurer, transmitting with each
remittance a detailed statement showing each and every item covered
thereby. All such fees and costs shall be credited by the Comptroller to the
general fund of the State treasury.

§ 14.1-32. The reporter of the Supreme Court of Appeals shall receive
an annual salary of thirty-five hundred dollars.

§ 14.1-88. The judges of the circuit courts and the judge of the cor-
poration courts and city courts of record of cities of the first class shall
each receive such salary as shall be fixed from time to time in the general
appropriation acts. The whole of such salaries shall be paid out of the State
treasury, but the State shall be reimbursed to the extent of one-half thereof
by the respective counties and cities served by such courts except that of
the salary of the judge of the Circuit Court of the city of Richmond the
State shall pay the proportion which would otherwise fall to the city of
Richmond; and it is hereby made the duty of the Comptroller, on or before
the first day of June, of each year, to apportion between the counties and
cities served by such courts the salaries of the judges thereof for the year
beginning the first day of February, of the succeeding year, and transmit
a statement of such apportionment to the clerk of the council of each city
and the clerk of the board of supervisors or other governing body of each
county served by such courts and to the treasurer of each such county and

city.
§ 14.1-84. The board of supervisors or other governing body of each
county and the council of each city shall provide funds for the payment
of so much of such salary as such statement shows to have been appor-
tioned to its county or city; but the treasurer of such county or city shall
pay the same into the State treasury on or before the first day of December
of each year, out of the funds of his county or city in his hands, and to
this end, he shall retain of the funds collected by him, a sum sufficient to
pay such portion of such salary, and the apportionment shall be the first
and superior charge against such funds.

Any treasurer failing to make such payment within the time prescribed
therefor shall be liable to the Commonwealth on his official bond, for the
part of such salary apportioned to his county or city, and a penalty thereon
of ten per centum.

§ 14.1-35. Whenever a vacancy exists in the office of judge of a cor-
poration court of a city of the first class in which there is no circuit court
and the judge of another court is designated to hold a term or terms of
such corporation court until such vacancy is filled as provided in § 17-7,
such judge so designated shall receive, in addition to his regular compensa-
tion, the same compensation for holding such term or terms as it is pro-
vided by law shall be paid to the judge of such corporation court when
there is no vacancy. The annual compensation for such position shall be
prorated in proportion to the time during which such judge is holding the
term or terms of such corporation court; provided, however, that in no case
shall such additional compensation be based on an annual rate higher than
one thousand dollars per year.

§ 14.1-36. Whenever a vacancy exists in the office of the judge of a
corporation court of a city of the second class in which there is no circuit
court and the judge of another court is designated to hold a term or terms
of such corporation court until said vacancy is filled as provided in § 17-7,
such judge so designated shall receive, in addition to his regular compensa-
tion, the same compensation for holding said term or terms as it is provided
by law shall be paid to the judge of said corporation court when there is
no vacancy.

§ 14.1-87. In determining the reimbursement to which circuit judges
are entitled under § 14.1-5, judges who do not reside in the county seats
of the counties in which they reside shall be reimbursed for travel between
their residences and such county seats.

§ 14.1-38. Any county or city may, by ordinance, increase the salaries
of its corporation, city and circuit court judges, or any one or more of them,
as it may deem proper. The increase shall be paid wholly by the county or
city and shall not be diminished during the term of office of the judge whose
salary is so increased.

§ 14.1-39. Each city containing less than ten thousand inhabitants
shall pay the salary of the judge of its corporation court.

ARTICLE 5.
County Judges
§§ 14.1-40 through 14.1-44

§ 14.1-40. The committee of three circuit judges, heretofore estab-
lished by Chapter 376 of the Acts of the General Assembly of nineteen hun-
dred and forty-two, and subsequently amended and re-enacted, is continued,
and the circuit court judges heretofore appointed and constituting the
committee are continued as members of the committee, to serve at the
pleasure of the Governor. When a vacancy shall occur in the membership
of the committee, the Governor shall appoint a circuit judge to fill such
vacancy, to serve at the pleasure of the Governor.

The committee shall meet at such times and places as the committee
may from time to time designate for the purpose of fixing the salaries of
the county judges and associate judges of the counties of the State, ap-
pointed under the provisions of Chapter 1 (§ 16.1-1 et seq.) of Title 16.1
of this Code, within the limits and upon the basis prescribed by law. The
committee shall, except in cases otherwise prescribed by law, also fix the
salaries of the clerks, deputy clerks and clerical assistants of the county
courts in which the committee is of opinion that the employment of such
clerks, deputy clerks and clerical assistants is necessary. The members of
the committee shall receive such compensation as may be appropriated out
of the revenues of the State for that purpose, and, in addition to such
compensation, shall be reimbursed out of the money appropriated for the
payment of the criminal expenses of the State for their actual expenses
incurred in the performance of their duties hereunder.

The committee shall meet at such place or places as they may agree
upon in December of every year, for the purpose of fixing such salaries for
the ensuing year. The committee may call upon any county judge and
associate judge for information with respect to the operation of his office
and shall, as soon as may be practicable after such meeting, certify to the
Comptroller a detailed statement of the amounts of the salaries fixed by
them for the several county judges and associate judges, their clerks, deputy
clerks and clerical assistants, for the ensuing calendar year.

§ 14.1-41. The annual salaries of trial justices, now known as
county court judges, in counties of the Commonwealth shall be within
the limits hereinafter prescribed, that is to say:

In counties having a population of ten thousand inhabitants or less,
such salaries shall be not less than eighteen hundred dollars nor more
than three thousand three hundred dollars.

In counties having a population of more than ten thousand inhabi-
tants but not more than twenty thousand inhabitants, such salaries shall
be not less than three thousand dollars nor more than forty-nine hundred
and fifty dollars.

In counties having a population of more than twenty thousand in-
habitants but not more than twenty-five thousand inhabitants, such sal-
aries shall be not less than thirty-three hundred dollars nor more than
fifty-five hundred dollars.

In counties having a population of more than twenty-five thousand
inhabitants but not more than thirty thousand inhabitants and, without
regard to population, in counties having an area of more than two hun-
dred thirteen square miles and not more than two hundred twenty-three
square miles, such salaries shall not be less than thirty-eight hundred dol-
lars nor more than sixty-three hundred eighty dollars.

In counties having a population of more than thirty thousand inhab-
itants but not more than forty thousand inhabitants, such salaries shall
not be less than forty-five hundred dollars nor more than sixty-eight hun-
dred twenty dollars.

In counties having a population of more than forty thousand inhabi-
tants but not more than fifty thousand inhabitants, such salaries shall
not be less than five thousand dollars nor more than eighty-two hundred
fifty dollars.

In counties having a population of more than fifty thousand inhabi-
tants, such salaries shall not be less than six thousand dollars nor more
than ninety-nine hundred dollars.

In counties having a population of more than ninety-nine thousand
but less than one hundred twenty-five thousand, such salaries shall not
be less than seventy-five hundred nor more than ninety-nine hundred

ollars.

Whenever a county court judge is such for two or more counties, or
for a county and city combined, the aggregate population of such political
subdivisions shall be the population for the purpose of arriving at the
classification of such county court judge under the provisions of this
section.

For the purpose of this section, the population of each county shall
be according to the last preceding United States census; provided that in
any case in which it shall be shown to the satisfaction of the committee
that the adoption of such census will result in an injustice to any county
court judge, the committee may accept an estimate of such population
based upon evidence satisfactory to the committee.

Provided, however, the committee of judges shall have the power and
authority in their discretion, when it shall be made to appear to them that
because of the case load, time devoted to travel, expense of travel, and
type of cases disposed of, an injustice is imposed upon the county court
judge, to increase the maximum salary of the county court judge, regard-
less of the maximum otherwise provided, to such sum as the said com-
mittee shall deem adequate but in no case shall such adjustments be in
excess of sixteen hundred fifty dollars above the maximum such county court
judge may be paid under the foregoing provisions of this section and
under § 14.1-42.

§ 14.1-42. The maximum limits of the salaries provided by § 14.1-41
are hereby increased to the extent of sixteen hundred fifty dollars in the
case of judges in counties adjoining one or more cities of more than twenty-
five thousand inhabitants, whether such cities be within or without this
State or in the case of judges of any county having within its boundaries
a United States Marine Base, United States Army Base or Camp, United
States Naval Base or Station, or United States Air Force Base, or part
of an arterial highway which crosses the State; provided that in no case
shall the maximum salary of any county court judge exceed the sum of
thirteen thousand two hundred dollars.

§ 14.1-43. The salaries fixed in accordance with the provisions of
this article shall be paid in equal monthly installments, within the limits
fixed by the committee.

The State shall pay all of the salaries of the judges, substitute judges,
clerks, deputy clerks and clerical assistants provided under the provisions
of this article out of the appropriations in the general appropriation act
for criminal charges.

§ 14.1-44. All fees paid to and collected by a judge, substitute judge,
clerk, deputy clerk or a substitute clerk of a county or municipal court,
but not including fees belonging to officers other than the judge, his
clerk or clerks, shall be paid promptly to the clerk of the circuit court, who
shall pay same into the State treasury. If a fee is collected for services
of the attorney for the Commonwealth, one-half of such fee shall be paid
into the treasury of the county or city in which the offense for which
warrant issued was committed, and the other one-half of the fees collected
for the services of the attorney for the Commonwealth shall be paid
promptly to the clerk of the circuit court, who shall pay same into the
State treasury. Fines collected for violations of city, town or county
ordinances shall be paid promptly into the treasury of the city, town or
county whose ordinance has been violated. All fines collected for viola-
tions of the laws of the Commonwealth shall be paid promptly to the
clerk of the circuit court, who shall pay the same into the State treasury.

ARTICLE 6.
Boards of Supervisors
§§ 14.1-45 through 14.1-47

§ 14.1-45. Each member of the board of supervisors of each county
shall be allowed and paid out of the county levy an annual salary, to be
fixed as herein provided, for his services in attending the meetings of the
board and in discharging the duties imposed by law upon him.

§ 14.1-46. The annual compensation to be allowed each member of
the board of supervisors of each county shall be determined by the board
but such compensation shall be not less than two hundred and fifty dol-
lars nor more than eighteen hundred dollars in any county having a
population of less than fifty thousand nor more than three thousand dollars
in any county having a population of fifty thousand or more; provided that
in any county having a population of more than two hundred fifty thousand
such compensation shall not be more than seven thousand five hundred
dollars but, in any such county, in computing such compensation, there
shall be included therein, in addition to the amount payable under this
section, allowances for secretarial services and all other supplements of
whatsoever nature; provided, further, any board of supervisors may fix a
higher salary for the chairman than for the other members of the board
without respect to the limits herein set forth. Provided, however, that in no
county where the annual compensation is set at five thousand dollars or more
per annum shall any member of the Board of Supervisors offer as a can-
didate for elective office other than as a candidate for the Board of Super-
visors in either a primary or general election while holding office as a
member of the Board of Supervisors.

§ 14.1-46.1. In addition to his regular compensation, any member
of the board of supervisors of any county who is responsible for the
management of any county lake may receive such compensation as may
be determined by the board, not to exceed one thousand dollars.

§ 14.1-47. Nothing in this article shall apply to any county which
has adopted or may hereafter adopt any form of county organization and
government provided for in §§ 15.1-669 to 15.1-694, both inclusive.

ARTICLE 7.
Compensation Board Generally
8§ 14.1-48 through 14.1-52

§ 14.1-48. The Compensation Board shall consist of the Auditor of
Public Accounts, the State Tax Commissioner, as ex-officio members, and
one member, who may or may not be an officer or employee of the Com-
monwealth, who shall be appointed and designated as chairman of the
board by the Governor and who shall hold office at the pleasure of the
Governor. The ex-officio members of the board shall not receive any com-
pensation for their services as such members. The member designated by
the Governor as chairman shall receive such compensation as shall be
fixed by law. The Compensation Board shall function as a separate board
within the framework of the Department of Accounts.
§ 14.1-49. The Chairman of the Board shall supervise the admin-
istrative work of the Board, shall receive, file, collate and classify the
reports of the respective officers required to report to the Board, call
meetings of the Board whenever any matters arise requiring its consider-
ation or action and have available for and lay before the Board all infor-
mation necessary for the decision of questions coming before it. He shall
conduct all correspondence with the various officers within the jurisdiction
of the Board and institute and supervise investigations into the affairs
and conduct of all such officers, as and when the Board may direct. He shall
preside at all meetings of the Board and cause to be prepared and re-
corded proper minutes of the action taken at all such meetings, and keep
and preserve all papers, books, correspondence and records of the Board.

§ 14.1-50. On or before the fifteenth day of October in every year,
except the year in which they are elected and on or before November
fifteenth in any such year, or at any time after June first in any year
whenever requested by the Chairman of the Board and within ten days
after such request, every attorney for the Commonwealth, every city and
county treasurer and commissioner of the revenue, every county sheriff
and every city sergeant of a city which operates a jail and also the ser-
geants of the cities of Martinsville and Suffolk shall file with the Chair-
man of the Board, upon forms prescribed by it, a written request for the
allowance of such officer’s salary, and the expense of his office, stating
the amount of salary requested, and itemizing each item of expense for
which allowance is sought, and every such officer shall concurrently file
a copy of the request with the governing body of the county if the officer
be a county officer or with the governing body of the city if the officer
be a city officer.

The Chairman of the Board may, at any time, submit to any officer a
written questionnaire concerning the affairs of his office, to ascertain all
facts relevant to the determination of the proper allowance to be made
with respect to the officer’s salary and the expenses of his office. Every
officer shall answer fully and completely all questions so propounded and
shall return the questionnaire to the chairman within five days.

§ 14.1-51. All salaries, expenses and other allowances of all such
officers shall, if possible, be fixed and determined on or before December
thirty-first of each year for the following year. The Board shall, at meet-
ings duly called by the Chairman, carefully consider the questionnaires
and written requests filed as required by § 14.1-50 and consider the work
involved in the discharge of the duties of the respective officers, the
amount expended or proposed to be expended by each for clerks, deputies
and other assistants, the efficiency with which the affairs of each such
office are conducted, and such other matters as the Board may deem per-
tinent and material, and after such consideration the Board shall fix and
determine what constitutes a fair and reasonable salary which is to be
paid to each such officer and to his clerks, assistants and deputies, and all
other expense items requested. Prior to holding any such meeting for the
fixing of salaries and expenses as provided in this article, ten days’ writ-
ten notice of the time, place and purpose of such meeting shall be given
every officer affected and to the mayor or city manager of the city or to
the chairman of the governing body of the county affected.

When the salaries, expenses and other allowances for the several
counties and cities have been tentatively fixed by the Board they shall
notify the governing body of each city and county of the amounts so fixed.
Within thirty days thereafter, but not later, the governing body may file
with the Compensation Board any objection it may have to such allow-
ances so fixed. When such objection is filed the Board shall fix a time for
a hearing on such objection, of which time the governing body as well
as the officer affected shall have at least fifteen days’ notice. For the pur-
pose of determining the merits of such protest the governing body may
designate two members of such body to serve as additional members of
the Compensation Board and such additional members shall each have one
vote on the Board.

The Chairman of the Board shall record the salary of each such of-
ficer, his clerks, assistants and deputies, and the allowances made for
other items, and shall promptly notify each such officer of the same with
respect to his office.

§ 14.1-52. Any officer whose salary, expenses or other allowances
are affected by any decision of the Board under this article, or any county
or city affected thereby, or the Attorney General as representative of the
Commonwealth, shall have the right to appeal from any such decision of
the Board, within forty-five days from the date of such decision. Such
appeal shall lie to the circuit court of the county or corporation court of
the city wherein the officer making the appeal resides. The court shall
be presided over by the judge of the court to which the appeal is taken
and two judges of circuit or corporation courts remote from that to which
the appeal is taken, designated by the Chief Justice of the Supreme Court
of Appeals and the clerk of the court to which the appeal is taken shall
notify the Chief Justice of such appeal. Notice of such appeal shall be
given within the time above specified by any such officer to the Compen-
sation Board and the Attorney General. The appeal shall be heard within
thirty days from the date the same is taken. At least fifteen days’ notice
of the time and place set for the hearing shall be given the officer noting
such appeal, the Compensation Board and the Attorney General. On such
appeal all questions involved in said decision shall be heard de novo by the
court, and its decision on all questions shall be certified by the clerk
thereof to the officer affected and to the Chairman of the Compensation
Board: From the decision of the court there shall be no right of further
appeal.

ARTICLE 8.
Commonwealth’s Attorneys, Treasurers and Commissioners of Revenue
§§ 14.1-53 through 14.1-67

§ 14.1-53. The annual salaries of attorneys for the Commonwealth
shall be within the limits hereinafter prescribed, that is to say:

In counties having a population of ten thousand inhabitants, or less,
such salary shall be not less than twenty-four hundred dollars nor more
than forty-eight hundred forty dollars.

In counties having a population of more than ten thousand inhabi-
tants but not more than twenty thousand inhabitants, such salaries shall
not be less than twenty-four hundred dollars nor more than six thousand
fifty dollars.

In counties having a population of more than twenty thousand inhabi-
tants but not more than twenty-five thousand inhabitants, such salaries
shall not be less than three thousand dollars nor more than seventy-two
hundred sixty dollars.

In counties having a population of more than twenty-five thousand
inhabitants but not more than thirty thousand inhabitants, such salaries
shall be not less than three thousand dollars nor more than eighty-seven
hundred and twelve dollars.

In counties having a population of more than thirty thousand inhabi-
tants but not more than fifty thousand inhabitants, such salaries shall
not be less than thirty-six hundred dollars nor more than ten thousand three
hundred and sixty-four dollars.

In counties having a population of more than fifty thousand inhabi-
tants but not more than seventy thousand inhabitants, such salaries
shall not be less than five thousand dollars nor more than eleven thousand
six hundred sixteen dollars.

In counties having a population of more than seventy thousand inhabi-
tants but not more than one hundred thousand inhabitants, such salaries
er not be less than six thousand dollars nor more than twelve thousand

ollars.

In counties having a population of more than one hundred thousand
inhabitants or more than two thousand inhabitants per square mile, such
salaries shall not be less than six thousand dollars nor more than fifteen
thousand one hundred and twenty-five dollars.

In cities having a population of ten thousand inhabitants, or less,
such salaries shall not be less than twenty-four hundred dollars nor more
than forty-eight hundred and forty dollars.

In cities having a population of more than ten thousand inhabitants
but not more than twenty-five thousand inhabitants, such salaries shall
not be less than three thousand dollars nor more than eighty-four hundred
seventy dollars.
In cities having a population of more than twenty-five thousand in-
habitants but not more than fifty thousand inhabitants, such salaries shall
not be less than five thousand dollars nor more than ten thousand eight hun-
dred ninety dollars.

In cities having a population of more than fifty thousand inhabitants
but not more than one hundred thousand inhabitants, such salaries shall
not be less than six thousand dollars nor more than thirteen thousand three
hundred ten dollars.

In cities having a population of more than one hundred thousand
inhabitants, such salaries shall not be less than six thousand dollars nor
more than fifteen thousand one hundred and twenty-five dollars.

But nothing herein contained shall prevent the governing body of
any county or city having a population of more than one hundred and
twenty-five thousand inhabitants from supplementing the salary of the
attorney for the Commonwealth in such county or city for additional serv-
ices not required by general law, provided that any such supplemental sal-
ary shall be paid wholly by such county or city.

Whenever an attorney for the Commonwealth is such for a county
and city together, or for two or more cities, the aggregate population of
such political subdivisions shall be the population for the purpose of ar-
riving at the classification of such attorney for the Commonwealth under
the provisions of this section.

Each assistant attorney for the Commonwealth, authorized by law,
if his services shall be deemed necessary by the Compensation Board, shall
receive an annual salary which shall not equal or exceed the salary re-
ceived by the attorney for the Commonwealth of his county or city.

Notwithstanding any of the foregoing provisions of this section, the
Compensation Board may, with the consent of the attorney for the Com-
monwealth affected thereby, fix the salary of any attorney for the Com-
monwealth at an amount less than the minimum provided hereinbefore.

§ 14.1-54. Every such attorney for the Commonwealth, shall, how-
ever, continue to collect all fees which he may be entitled to receive by or
under the laws, other than from the Commonwealth and any political sub-
division, and shall dispose of the same as in this section provided. One-
half of all fees to which attorneys for the Commonwealth are entitled for
the performance of official duties or functions, shall be paid by them or
such official as may collect the same, not later than the tenth day of the
month following their receipt, into the treasuries of their respective coun-
ties and cities, and the remaining one-half of all such fees shall be paid
by such official as may collect the same into the State treasury, not later
than the tenth day of the month following their receipt.

§ 14.1-55. The annual salaries of city treasurers under this article
shall be within the limits hereinafter prescribed, that is to say:

In cities having a population of not more than ten thousand, such
salaries shall not be less than five thousand four hundred dollars nor more
than seven thousand two hundred dollars.

In cities having a population of more than ten thousand but not more
than twenty thousand, such salaries shall not be less than six thousand
five hundred dollars nor more than nine thousand four hundred dollars.

In cities having a population of more than twenty thousand but not
more than forty thousand, such salaries shall not be less than seven
wigneand six hundred dollars nor more than ten thousand five hundred

ollars.

In cities having a population of more than forty thousand but not
more than seventy thousand, such salaries shall not be less than eight
thousand four hundred dollars nor more than twelve thousand dollars.

In cities having a population of more than seventy thousand but not
more than one hundred thousand such salaries shall not be less than nine
thousand nine hundred dollars nor more than thirteen thousand five
hundred dollars.

In cities having a population of more than one hundred thousand but
not more than two hundred fifty thousand, such salaries shall not be less
than ten thousand five hundred dollars nor more than fifteen thousand

ollars.

In cities having a population of more than two hundred fifty thousand,
such salaries shall not be less than twelve thousand three hundred dollars
nor more than seventeen thousand five hundred dollars.

Notwithstanding the repeal of §§ 14-8.1, 14-68, 14-68.1, 14-68.2,
14-68.3, and 14-75, effective July one, nineteen hundred sixty-four, the
prior authority of such sections is continued in effect as to any persons
holding office on such date.

Nothing herein contained shall prevent the council of any city having
@ population of more than one hundred and twenty-five thousand people
from supplementing the salary of the treasurer in such city for additional
services not required by general law, provided, however, that any such
supplemental salary shall be paid wholly by such city.

§ 14.1-56. The annual salaries of county treasurers under this article
shall be within the limits hereinafter prescribed, that is to say:

In counties having a population of not more than five thousand, such
salaries shall not be less than three thousand six hundred dollars nor more
than five thousand two hundred dollars.

In counties having a population of more than five thousand but not
more than ten thousand, such salaries shall not be less than four thousand
four hundred dollars nor more than six thousand two hundred dollars.

In counties having a population of more than ten thousand but not
more than fifteen thousand, such salaries shall not be less than four
thousand nine hundred dollars nor more than seven thousand dollars.

In counties having a population of more than fifteen thousand but
not more than twenty thousand, such salaries shall not be less than five
thousand five hundred dollars nor more than seven thousand nine hundred

ollars.

In counties having a population of more than twenty thousand but
not more than thirty thousand, such salaries shall not be less than six
thousand one hundred dollars nor more than nine thousand dollars.

In counties having a population of more than thirty thousand but
not more than forty thousand, such salaries shall not be less than six
enonsand nine hundred dollars nor more than nine thousand eight hundred

ollars.

In counties having a population of more than forty thousand but not
more than seventy thousand, such salaries shall not be less than seven
thousand five hundred dollars nor more than ten thousand six hundred

ollars.

In counties having a population of more than seventy thousand but
not more than one hundred thousand, such salaries shall not be less than
elgnt thousand four hundred dollars nor more than twelve thousand

ollars.

In counties having a population of more than one hundred thousand
but not more than two hundred fifty thousand, such salaries shall not be
less than ten thousand five hundred dollars nor more than fifteen thousand

ollars.

In counties having a population of more than two hundred fifty thou-
sand, such salaries shall not be less than twelve thousand three hundred
dollars nor more than seventeen thousand five hundred dollars.

Notwithstanding the repeal of §§ 14-8.1, 14-69, 14-69.1, 14-69.2,
14-69.3 and 14-75, effective July one, nineteen hundred sixty-four, the
prior authority of such sections is continued in effect as to any person
holding office on such date.

§ 14.1-57. The annual salaries of city commissioners of the revenue
under this article shall be within the limits hereinafter prescribed, that
is to say:

In cities having a population of not more than ten thousand, such
salaries shall not be less than five thousand four hundred dollars nor
more than seven thousand two hundred dollars.

In cities having a population of more than ten thousand but not more
than twenty thousand, such salaries shall not be less than six thousand
five hundred dollars nor more than nine thousand four hundred dollars.

In cities having a population of more than twenty thousand but not
more than forty thousand, such salaries shall not be less than seven
thousand six hundred dollars nor more than ten thousand five hundred

ollars.

In cities having a population of more than forty thousand but not
more than seventy thousand, such salaries shall not be less than eight
thousand four hundred nor more than twelve thousand dollars.

In cities having a population of more than seventy thousand but not
more than one hundred thousand, such salaries shall not be less than nine
thousand nine hundred dollars nor more than thirteen thousand five hun-
dred dollars.

In cities having a population of more than one hundred thousand but
not more than two hundred fifty thousand, such salaries shall not be less
than ten thousand five hundred dollars nor more than fifteen thousand

ollars.

In cities having a population of more than two hundred fifty thousand,
such salaries shall not be less than twelve thousand three hundred dollars
nor more than seventeen thousand five hundred dollars.

Notwithstanding the repeal of §§ 14-8.1, 14-70, 14-70.1, 14-70.2, and
14-75, effective July one, nineteen hundred sixty-four, the prior authority
of pug Seceors is continued in effect as to any person holding office on
such date.

§ 14.1-58. The annual salaries of county commissioners of the reve-
nue under this article shall be within the limits hereinafter prescribed,
that is to say:

In counties having a population of not more than five thousand, such
salaries shall not be less than three thousand six hundred dollars nor more
than five thousand two hundred dollars.

In counties having a population of more than five thousand but not
more than ten thousand, such salaries shall not be less than four thousand
four hundred dollars nor more than six thousand two hundred dollars.

In counties having a population of more than ten thousand but not
more than fifteen thousand, such salaries shall not be less than four thou-
sand nine hundred dollars nor more than seven thousand dollars.

In counties having a population of more than fifteen thousand but not
more than twenty thousand, such salaries shall not be less than five thou-
sand five hundred dollars nor more than seven thousand nine hundred

ollars.

In counties having a population of more than twenty thousand but
not more than thirty thousand, such salaries shall not be less than six
thousand one hundred dollars nor more than nine thousand dollars.

In counties having a population of more than thirty thousand but not
more than forty thousand, such salaries shall not be less than six thousand
nine hundred dollars nor more than nine thousand eight hundred dollars.

In counties having a population of more than forty thousand but not
more than seventy thousand, such salaries shall not be less than seven
eo. five hundred dollars nor more than ten thousand six hundred

ollars. |
In counties having a population of more than seventy thousand but not
more than one hundred thousand, such salaries shall not be less than eight
thousand four hundred dollars nor more than twelve thousand dollars.

In counties having a population of more than one hundred thousand
but not more than two hundred fifty thousand, such salaries shall not be
<i ten thousand five hundred dollars nor more than fifteen thousand

ollars.

In counties having a population of more than two hundred fifty thou-
sand, such salaries shall not be less than twelve thousand three hundred
dollars nor more than seventeen thousand five hundred dollars.

Notwithstanding the repeal of §§ 14-8.1, 14-71, 14-71.1, 14-71.2, 14-71.8,
and 14-75, effective July one, nineteen hundred sixty-four, the prior author-
ity of such sections is continued in effect as to any person holding office
on such date.

§ 14.1-59. The clerks of the courts of record of the counties shall
continue to collect the fees provided for commissioners of the revenue for
making real estate transfer fees and shall pay ninety per centum thereof
into the treasuries of their respective counties not later than the tenth
day of the month following their receipt. The treasurers of the several
counties shall hereafter collect the license fees and any other fees of the
county commissioners of the revenue and shall pay the county fees into
the county treasury and the State fees into the State treasury.

§ 14.1-60. The clerks of the courts of record of the cities shall collect
fees payable for making real estate transfers and pay ninety per centum
thereof into the treasuries of their respective cities not later than the
tenth day of the month following their receipt. Such officers as may be
authorized by law to collect city licenses shall collect all such license fees
and apply them to the credit of their respective city treasuries. The treas-
urers of the several cities shall hereafter collect all State license fees and
apply them to the credit of the State.

§ 14.1-61. For the purpose of this article, the population of each
county and city shall be according to the last preceding United States
census; provided, if the area of any city has, since the last preceding United
States census, been increased by annexation, the population of such city,
for the purpose of this article, shall be the population thereof as shown by
the last preceding United States census, plus the increase resulting from
such annexation; provided, that whenever it is made to appear to the satis-
faction of the Compensation Board that the population of any county or
city has, since the last preceding United States census, increased so as to
entitle such county or city to be placed in a higher bracket prescribing the
minimum and maximum salaries, then such county or city shall be con-
sidered as being within such higher brackets in fixing the salaries provided
by this article.

§ 14.1-62. The maximum limits of the salaries provided by this
article are hereby increased to the extent of fifteen hundred dollars in the
case of officers other than treasurers and commissioners of the revenue
in counties adjoining one or more cities of more than twenty-five thousand
inhabitants, whether such cities be within or without this State, and in case
of cities adjoining or within one mile of another city or county of more than
one hundred thousand inhabitants and in any county having within its
boundaries a United States Marine Base, United States Army base or camp,
United States Naval Base or station, or United States Air Force base, or
part of an arterial highway which crosses the State. Notwithstanding the
repeal of § 14-75, effective July one, nineteen hundred sixty-four, the prior
authority of such section is continued in effect as to every person holding
office on such date.

§ 14.1-68. The salaries fixed in accordance with this and the preceding
article shall be paid in equal monthly installments. The expenses and other
allowances of office within the limits fixed by the Board shall be paid
monthly on the submission of satisfactory evidence that such expenses and
other allowances were actually incurred.

§ 14.1-64. The salaries, expenses and other allowances of attorneys
for the Commonwealth in counties and cities shall be paid in the proportion
of one-half by the respective counties and cities and one-half by the Com-
monwealth.

The salaries, expenses and other allowances of treasurers and com-
missioners in the counties and cities shall be paid in the proportion of
one-half by the respective counties and cities and one-half by the Common-
wealth, except as hereafter in this section provided.

The salary, expenses and other allowances of any city treasurer who
neither collects nor disburses local taxes or revenues shall be paid entirely
by the Commonwealth and the salary, expenses and other allowances of
any city treasurer who disburses local revenues but does not collect the
same shall be paid in the proportion of one-third by the city and two-thirds
by the Commonwealth.

In the case of each county and city treasurer except a city treasurer
who neither collects nor disburses local taxes or revenues, and in the case
of each county and city commissioner of the revenue, the cost of such office
furniture, office equipment and office appliances as may be specifically
authorized by and included in the then current expense allowance made to
such officer under the provisions of articles 7 and 8 of this chapter,
shall be paid in the proportion of two-thirds by the county or city and one-
third by the Commonwealth. The prices paid for such office furniture,
office equipment and office appliances shall not be in excess of the prices
available to the State if such purchases were made through the Department
of Purchase and Supplies. The words “office furniture, office equipment
and office appliances,” as used in this paragraph, mean such items of this
character as have a useful life of more than one year; and the word “cost”,
as used in this paragraph, may include a rental cost, in the discretion of the
Compensation Board, in any case in which, in the opinion of the Board,
such rental cost, in whole or in part, is properly includible in the expense
allowance.

If any county or city commissioner of the revenue or county or city
treasurer uses any forms, sheets or books of any kind for the assessment
or collection of State or local taxes or levies, or in connection with the
assessment or collection of such taxes or levies, in lieu of the standard
forms, sheets or books furnished by the State, no part of the cost of such
forms, sheets or books shall be paid by the State, but their entire cost shall
be paid out of the treasury of the county or city whose governing body,
required, authorized or consented to their use. This paragraph shall not be
construed as enlarging the existing powers of local governing bodies to
require, authorize or consent to the use of such forms, sheets or books.

The cost of all forms, sheets and books of all kinds used for the assess-
ment or collection of local license and local excise taxes or used in con-
nection with the assessment or collection of local license and local excise
taxes, shall be paid entirely out of the local treasury, including the cost of
any tags, stamps, stickers, or other devices intended to evidence the pay-
ment of any such local license or local excise taxes.

The cost of all forms, sheets and books of all kinds used in the ascer-
tainment, billing or collection of charges for utility or other special services
rendered by a county or city, or by any district or agency thereof shall be
paid entirely by the locality, although it may be the duty of the treasurer
or the commissioner of the revenue to ascertain or collect such charges
under applicable provisions of law.
The governing body of each county and city shall provide suitable
office space for the treasurer and commissioner of the revenue, together
with the necessary heat, light, water and janitorial service. The entire cost
of providing such office space, heat, light, water and janitorial service shall
be paid out of the local treasury.

§ 14.1-65. Whenever a county or city treasurer or a county or city
commissioner of the revenue purchases office furniture, office equipment,
office appliances, tax tickets for State and local taxes collectible by county
and city treasurers, stationery, office supplies, printing, advertising, tele-
phone or telegraph service, or repairs to office furniture and equipment in
conformity with and within the limits of allowances duly made and con-
tained in the then current budget of any such officer under the provisions
of articles 7 and 8 of this chapter, the invoices therefor, after
examination as to their correctness, shall be paid by the county or city
directly to the vendors, and the State shall monthly pay the county or city
the State’s proportionate part of the cost of such items on submission by
such officer to the Compensation Board of duplicate invoices and such other
information or evidence as the Compensation Board may deem necessary.
This section shall also apply to the payment of the premiums on the official
bonds of such officers, their deputies and employees, and to the premiums
on burglary and other insurance, except the premium on the bond of a
treasurer the payment of which is governed by other provisions of law.
Duly authorized postage necessary for any such officer shall be purchased
by the county or city for his official use on certification by him of his need
therefor to the appropriate county or city authorities from time to time,
and the State shall monthly reimburse the county or city for the State’s
proportionate part of the cost of such postage on submission of satisfactory
evidence to the Compensation Board. This section shall not apply to any
city treasurer whose city is not required to pay any part of the cost of such
items

§ 14.1-66. The State’s proportion of the salaries, expenses and other
allowances of the treasurers and commissioners of the revenue under this
article shall be paid out of the appropriations in the general appropriation
act for assessing property for taxation and collecting and distributing
records of assessments and for collecting State taxes and the State’s pro-
portion of the salaries, expenses and other allowances of the attorneys for
the Commonwealth shall be paid out of the appropriation in the general
appropriation act for criminal charges. The cost for administering this
article shall be paid out of the fees paid into the State treasury pursuant
to the provisions of this article. Such payments shall be made by the State
Treasurer on warrants of the Comptroller, issued on vouchers signed by the
Chairman of the Compensation Board.

The several salaries originally fixed by the Compensation Board in
accordance with this and the preceding article to be paid for the year
during which this act takes effect shall continue as so fixed for succeeding
years at the same amounts; provided, however, that the Compensation
Board may thereafter increase or decrease the salary of any particular
officer, within the limits fixed by this article, when in its opinion, changed
circumstances so require or when so requested in writing prior to July
first of the calendar year preceding the year for which such change is
requested by council, board of supervisors or other governing body having
jurisdiction, or by the officer whose compensation is affected. Such request
by the local governing body or by the officer affected shall set forth in detail
the facts and circumstances upon which such request for a change is based.

All provisions of charters of cities and towns inconsistent with the pro-
visions of this article are hereby repealed to the extent of such incon-
sistency.
§ 14.1-67. The Compensation Board shall, in the manner hereinbefore
provided, determine the compensation and expense allowances for the Com-
monwealth’s attorney, the treasurer and the commissioner of the revenue
for each county which adopts any form of county organization and govern-
ment provided for in §§ 15.1-582 to 15.1-668, both inclusive, in the same
manner as if such county had not adopted such form of county organization
and government and had continued to have all of such officers; and there-
after the portion of such compensation and such expense allowances pay-
able by the Commonwealth shall be paid into the general fund of the treas-
ury of the county. The actual compensation and expense allowances to be
paid the attorney for the Commonwealth, the treasurer and the commis-
sioner of the revenue, or the officers, agents or employees performing the
duties and exercising the powers thereof, of any such county shall be fixed
and determined as provided in said §§ 15.1-582 to 15.1-668, inclusive, with-
out regard to the limits provided for in this article.

ARTICLE 9.
Sheriffs and Sergeants

§§ 14.1-68 through 14.1-84

§ 14.1-68. The sheriffs of the counties and the sergeants of the cities
of the Commonwealth and their full-time deputies shall be paid salaries
for their services and allowances for the necessary expenses incurred in
the performance of their duties, to be determined as hereinafter provided.

§ 14.1-69. Every sheriff and sergeant, and every deputy of either,
shall, however, continue to collect all fees and mileage allowances provided
by law for the services of such officer, other than such as he would have
been entitled to receive from the Commonwealth or from the county or city
for which he is elected or appointed and fees and mileage allowances pro-
vided for services in connection with the prosecution of any criminal mat-
ter. Such fees and mileage allowances accruing in connection with any
criminal matter shall be collected by the clerk of the court in which the
prosecution is had. Such fees as are collected by the clerk of the court
shall be paid by him into the treasury of the county or city for which the
sheriff or sergeant, on account of whose services such fees are collected, is
elected or appointed. All fees collected by or for every sheriff, sergeant and
deputy of either shall be paid into the treasury of the county or city for
which he is elected or appointed, on or before the tenth day of the month
next succeeding that in which the same are collected. The treasurer of
each county and city shall credit one-third of such amounts to the general
fund of his county or city and credit two-thirds thereof to the account of
the Commonwealth to be remitted to the State Treasurer along with other
funds due to the Commonwealth.

§ 14.1-70. The respective number of both full-time and part-time
deputies appointed by the sheriff of a county or the sergeant of a city shall
be fixed by the Compensation Board after receiving such recommendation
of the board of supervisors of the county or the council of the city, as the
case may be, as the board of supervisors or city council may desire to make.
Such recommendation, if any, shall be made to the Compensation Board
on or before the first day of October of each year.

From any such action of the Compensation Board, the sheriff or ser-
geant, or the board of supervisors or city council, as the case may be, shall
have the right to appeal to the circuit court of such county or the corpora-
tion court of such city, where the proceedings shall be the same, mutatis
mutandis as are provided for appeals in § 14.1-52.

14.1-71. The provisions of this article with respect to compensation
and expense allowances of sheriffs and their deputies shall not apply to
deputies appointed especially for service in and about manufacturing, in-
dustrial or defense establishments operated by or for the United States
government but such deputies shall promptly pay into the treasury of the
county for which they are appointed and qualified all fees and mileage
allowances collected by them in the execution of all civil and criminal
processes.

§ 141-72. There shall be paid out of the State treasury to sheriffs
and sergeants, after the same are duly certified to the Comptroller, the fol-
lowing fees: For attending any circuit court engaged in the trial of civil
or criminal cases, or both, or for attending the Law and Equity Court, the
Chancery Court, or the Circuit Court, all of the city of Richmond, four
dollars for each day’s attendance. And the judge of any such court may
allow any deputy, whose attendance he deems advisable and requires as
an assistant to the principal officer, such compensation as he may deem
proper and just, not exceeding five dollars a day. The above named courts,
however, shall make the allowances authorized by this section for one
deputy in attendance upon the court as well as to the sheriff. This section
shall not apply to any sheriff or sergeant who is on a salary basis nor to
any deputy of any sheriff or sergeant whose principal is on a salary basis.

§ 14.1-73. The annual salaries of the sheriffs of the several counties
and cities and of the sergeants of the several cities of the Commonwealth
shall be within the limits hereinafter prescribed, that is to say:

In counties having a population of not more than five thousand inhabi-
tants, such salaries shall not be less than three thousand six hundred dol-
lars nor more than five thousand two hundred dollars.

In counties having a population of more than five thousand but not
more than ten thousand inhabitants, such salaries shall not be less
four thousand four hundred dollars nor more than six thousand two
hundred dollars.

In counties having a population of more than ten thousand but not
more than fifteen thousand inhabitants, such salaries shall not be less than
four thousand nine hundred dollars nor more than seven thousand dollars.

In counties having a population of more than fifteen thousand but not
more than twenty thousand inhabitants, such salaries shall not be less than
five thousand five hundred dollars nor more than seven thousand nine
hundred dollars.

In counties having a population of more than twenty thousand but not
more than thirty thousand inhabitants, such salaries shall not be less than
six thousand one hundred dollars nor more than nine thousand dollars.

In counties having a population of more than thirty thousand but not
more than forty thousand inhabitants, such salaries shall not be less than
six thousand nine hundred dollars nor more than nine thousand eight
hundred dollars.

In counties having a population of more than forty thousand but not
more than seventy thousand inhabitants, such salaries shall not be less than
seven thousand five hundred dollars nor more than ten thousand six
hundred dollars.

In counties having a population of more than seventy thousand but
not more than one hundred thousand inhabitants, such salaries shall not be
less than eight thousand four hundred dollars nor more than twelve
thousand dollars.

In counties having a population of more than one hundred thousand
but not more than two hundred fifty thousand inhabitants, such salaries
shall not be less than ten thousand five hundred dollars nor more than
fifteen thousand dollars.

In counties having a population of more than two hundred fifty thou-
sand inhabitants, such salaries shall not be less than twelve thousand three
hundred dollars nor more than seventeen thousand five hundred dollars.
In cities having a population of more than five thousand but not more
than ten thousand inhabitants, such salaries shall not be less than five thou-
sand four hundred dollars nor more than seven thousand two hundred

ollars.

In cities having a population of more than ten thousand but not more
than twenty thousand inhabitants, such salaries shall not be less than six
cates five hundred dollars nor more than nine thousand four hundred

ollars.

In cities having a population of more than twenty thousand but not
more than forty thousand inhabitants, such salaries shall not be less than
seven thousand six hundred dollars nor more than ten thousand five
hundred dollars.

In cities having a population of more than forty thousand but not
more than seventy thousand inhabitants, such salaries shall not be less
than eight thousand four hundred dollars nor more than twelve thousand

ollars.

In cities having a population of more than seventy thousand but not
more than one hundred thousand inhabitants, such salaries shall not be
less than nine thousand nine hundred dollars nor more than thirteen thou-
sand five hundred dollars.

In cities having a population of more than one hundred thousand but
not more than two hundred fifty thousand inhabitants, such salaries shall
not be less than ten thousand five hundred dollars nor more than fifteen
thousand dollars.

In cities having a population of more than two hundred fifty thou-
sand inhabitants, such salaries shall not be less than twelve thousand
three hundred dollars nor more than seventeen thousand five hundred

ollars.

In fixing the salary of each sheriff and sergeant, and of each of their
full-time deputies, the Compensation Board shall take into consideration
the length of service of such sheriff, sergeant, or deputy, the population
and area of the county or city for which he is elected or appointed, the
number of persons committed to the jail thereof, the aggregate number
of days spent by prisoners in the jail thereof, the compensation pre-
viously received by the sheriff or sergeant and each of their full-time
deputies, the amount of fees collected by such officers and such other
factors as the Compensation Board deems proper.

; 14.1-74. The maximum limits of the salaries provided by this
article are hereby increased to the extent of fifteen hundred dollars in the
case of officers in counties adjoining one or more cities of more than
twenty-five thousand inhabitants, whether such cities be within or without
this State, and in case of officers in cities adjoining or within one mile of
another city or county of more than one hundred thousand inhabitants.
Notwithstanding any other provisions of this title, the governing body
of any county having a population of more than fourteen thousand five
hundred but less than fifteen thousand may, in its discretion, supplement
the compensation of the sheriff of such county above the salary of such
sheriff in such amount as it may deem expedient. Such additional com-
pensation shall be wholly payable from the funds of such county.

§ 14.1-75. Each sheriff and each sergeant, and such full-time deputy
of either, shall keep a record of all expenses incurred by him including
expenses for traveling, telephone, telegraph, clerical assistance, office facili-
ties and supplies, bond premiums, cook hire, maintenance and repair cost
of automobile police radio equipment including radio transmitter system
and all accessories thereto, and any other expense incident to his office.
Each such full-time deputy shall file a monthly report with his principal
showing in detail the expenses incurred by him.
§ 14.1-76. Each sheriff and each sergeant shall submit a statement
of all expenses incurred by him, and by each of his full-time deputies, to the
Compensation Board monthly on forms provided by the Board. Each officer
shall at the same time transmit a copy of such statement to the board of
supervisors or other governing body of the county or the council of the
city for which he is elected or appointed. The Compensation Board shall
examine the statement of expenses incurred, and in the event it is of opinion
that the annual expense allowance which it has made to any such officer
is greater or less than necessary to defray the proper expenses of such
officer, then the annual expense allowance theretofore made to such officer
shall be reduced or increased to conform to the findings of the Compensa-
tion Board. From any such reduction or increase in such allowances the
board of supervisors, the city council or the officer affected shall, however,
have the same right of appeal as is provided in the case of other salaried
officers of the counties and cities by § 14.1-52.

§ 14.1-77. Notwithstanding the provisions of the foregoing section,
the governing body of any county or city may, with the approval of the
Compensation Board, enter into such agreement with the sheriff or sergeant
of such county or city with respect to the traveling expenses, including the
use of privately owned vehicles, of such sheriff or sergeant and his deputies
as the governing body may deem proper. And with the consent of the
Compensation Board, in any county having a regular police force author-
ized by law and in which the jail of another county or city has been adopted
as the jail of such county, the police officers who transport any persons
charged with violation of a State law under order of the trial justice of
such county or the judge of the circuit court of such county, in place of
the sheriff, to the jail so adopted as the jail of such county shall receive
the same mileage as the sheriff of such county would have received had he
so transported such persons. Any such police officer so transporting any
such person shall make claim for mileage on the same forms the sheriff
uses for such claims and in the same manner. When any such mileage is
collected by any such police officer he shall pay the same into the county
treasury and the payment of such mileage shall be made in the manner
provided for the payment of mileage to sheriffs.

§ 14.1-78. The part-time deputies of sheriffs and sergeants shall not
receive fixed salaries, but shall be entitled to receive reasonable compensa-
tion for their services and allowances for their expenses, to be determined
and paid as hereinafter provided. Each such part-time deputy shall keep
a record of all services performed by him as such, which shall be reported
to the sheriff or sergeant whose deputy he is. The sheriff or sergeant shall
likewise keep a record of all services performed by each part-time deputy.
Each sheriff and sergeant shall file a monthly report with the board of
supervisors or other governing body of the county or city council, as the
case may be, on or before the fifth day of the month next succeeding that in
which such services are performed, showing in detail all services rendered
by part-time deputies. The board of supervisors or other governing body
or the city council shall recommend to the Compensation Board what in its
judgment is a fair compensation to pay each individual part-time deputy
of a sheriff or of a sergeant on the basis of such reports, except that in no
case shall the allowance for compensation and expenses exceed the sum of
ten dollars and mileage for any one day. If in the judgment of the board
of supervisors or other governing body or the city council such limit of
ten dollars would work a hardship on a particular part-time deputy sheriff
or sergeant, each sum may be increased with the written approval of the
judge of the circuit court or of the corporation or hustings court of the
county or city for which such officer is appointed.

§ 14.1-79. The Commonwealth shall pay two-thirds of the salaries
and expense allowances of such sheriffs and sergeants and their full-time
deputies, and of the compensation and expense allowances of their part-
time deputies, fixed as hereinbefore provided. The other one-third of the
salaries and expense allowances of such sheriffs and sergeants and full-
time deputies, and of the compensation and expense allowances of their
part-time deputies, shall be paid by the respective counties or cities for
which they are elected or appointed. Such salaries shall be paid in equal
monthly installments and the expense allowances shall be paid monthly
when the amount thereof is established as hereinabove provided.

§ 14.1-80. Whenever a sheriff or sergeant purchases office furniture,
office equipment, stationery, office supplies, telephone or telegraph service,
or repairs to office furniture and equipment in conformity with and within
the limits of allowances duly made and contained in the then current budget
of any such officer under the provisions of this chapter, the invoices there-
for, after examination as to their correctness, shall be paid by the county
or city directly to the vendors, and the State shall monthly pay the county
or city and the State’s proportionate part of the cost of such items on
submission by such officer to the Compensation Board of duplicate invoices
and such other information or evidence as the Compensation Board may
deem necessary. This action shall also apply to the payment of the prem-
iums on the official bonds of such officers, their deputies and employees,
and to the premiums on burglary and other insurance. Duly authorized
postage necessary for any such officer shall be purchased by the county or
city for his official use on certification by him of his need therefor to the
appropriate county or city authorities from time to time, and the State shall
monthly reimburse the county or city for the State’s proportionate part
of the cost of such postage on submission vf satisfactory evidence to the
Compensation Board.

§ 14.1-81. The payment of the Commonwealth’s share of such salaries
and expense allowances shall be made by the State Treasurer, out of funds
appropriated in the general appropriation act for criminal costs, on war-
rants of the Comptroller issued upon vouchers approved and signed by the
Chairman of the Compensation Board, or by such other person or persons
as may be designated by the Compensation Board for such purpose.

§ 14.1-82. The Compensation Board shall, in the manner hereinbefore
provided, determine the compensation and expense allowances for the sher-
iff, and his deputies, of each county which has adopted or shall hereafter
adopt any form of county organization and government provided for in
§§ 15.1-582 to 15.1-668, both inclusive, so long as such county shall continue
such form of county organization and government in effect in such county,
as if such county had not adopted any such form of government; but the
portion of the salaries and expense allowances, determined as aforesaid
and payable by the Commonwealth, shall be paid into the general fund of
the treasury of such county. The actual compensation and expense allow-
ance to be paid the sheriff, and his deputies, of any such county shall be
fixed as provided in the form of county organization and government
adopted by such county, without regard to the limits provided for in this
article, and shall be paid by such county.

The provisions of this section shall also be applicable to any county
which adopts and has in effect in such county any other optional form of
county organization and government which may be provided by law, if
such form of county organization and government shall provide that the
entire compensation of the sheriff of such county shall be fixed by authori-
ties of the county and paid by the county.

§ 14.1-838. Whenever it is necessary for a sheriff or sergeant to pay
for the board and lodging of juries, he shall obtain a receipt for the funds
so spent and on or before the fifth day of the month next succeeding he
shall present such bill to the board of supervisors or other governing body
of the county or to the city council, as the case may be, which shall, if it is
found correct, reimburse the sheriff or sergeant for the amount so spent
by him for such purpose. The county or city shall be reimbursed by the
Commonwealth for all sums so expended on account of any criminal trial
involving an offense against the Commonwealth.

§ 14.1-84. The provisions of this article except § 14.1-72 shall not
apply to any city which does not operate a jail, nor to the sergeant of such
city, but they shall, however, apply in every respect to the cities of Chesa-
peake, Colonial Heights, Martinsville, Norton, Staunton, Suffolk, Win-
chester and Virginia Beach and to the sergeants thereof, respectively. All
of the provisions of this article shall, however, apply in every respect to
each city which operates a jail, and to the sergeant thereof. In every such
case the sergeant shall have supervision and control of the jail and the
custody of all prisoners confined therein, any other provisions of law,
general, special or local, to the contrary notwithstanding.

CHAPTER 2.
Fees

ARTICLE 1.
General Provisions

§§ 14.1-85 through 14.1-102

§ 14.1-85. Fees prescribed by law for services of clerks of courts, and
justices of the peace, and fees and mileage prescribed by law for game
wardens and all other law enforcement officers, whether regular or special,
other than sheriffs, deputy sheriffs, sergeants and deputy sergeants, in all
cases of felony and in every prosecution for a misdemeanor, if not paid
by the prosecutor, or in cases of conviction by the defendant, and in cases
in which there is no prosecutor and the defendant shall be acquitted, or
convicted and unable to pay the costs, shall be paid out of the State treasury
unless now or hereafter otherwise provided by law, when certified as pre-
scribed by § 19.1-817, subject, however, to the following restrictions and
limitations:

One-half the fee prescribed by law to the officers heretofore men-
tioned, except the clerk of court and justice of the peace, who shall have
the full fee; provided, however, in no case shall such fee be paid out of the
State treasury, unless the judge of the court allowing the account shall
certify to the Comptroller that the Auditor of Public Accounts has reported
to him that he has actually examined through one of his auditors the papers
upon which the account is founded and is satisfied that warrant was issued,
trial had or examination made, as shown in the account; and provided,
further, that in no case, either felony or misdemeanor, except it be a case in
which the defendant was acquitted and no prosecutor was liable for pay-
ment of the costs, shall the account be allowed, or such fee paid unless the
judge of the court allowing the account shall certify to the Comptroller
that the Auditor of Public Accounts had reported to him that reasonable
effort has been made to collect such costs. In so far as this section relates
to game wardens and other law enforcement officers, regular and special,
not enumerated herein, it shall apply only to fees for making arrests, sum-
moning witnesses and mileage.

§ 14.1-86. No justice of peace, judge, constable, sergeant, or captain
or sergeant of police who receives a salary or allowance for general service
out of the treasury of his county or corporation shall receive any fees for
services in a criminal case from the State, city or county, but all such
fees to such officers shall be paid by the party against whom judgment is
rendered. But the judge of any city or corporation court may make an
allowance not exceeding six hundred dollars a year to each of two con-
stables, sergeants or policemen of such city or corporation, to be paid in
lieu of all fees for serving criminal process of any kind, which allowances
shall be paid out of the treasury. When any incorporated community has
become a city of the second class under chapter 22 of Title 15.1, then the
allowance above provided for shall be made by the circuit court of such city.

§ 14.1-87. No clerk, sheriff, sergeant or other officer shall receive
payment out of the State treasury for any services rendered in cases of the
Commonwealth, except when it is allowed by statute.

§ 14.1-88. No costs or fees shall be taxed for, or in any way allowed
to, an attorney for the Commonwealth of any city or county in any case,
unless he in person, or by a duly authorized assistant, actually appears and
prosecutes the proceedings before the court.

§ 14.1-89. No sheriff or sergeant shall charge for serving any public
orders, nor for summoning and impaneling grand juries, nor for any serv-
ices in elections except as provided under Title 24 of this Code.

§ 14.1-90. No clerk shall charge for taking bond from, administering
oath to, or making or copying orders as to the appointment or qualification
of any judge, justice of the peace, sheriff, sergeant, treasurer, coroner,
commissioner of the revenue, superintendent of the poor, surveyor, or of a
deputy or assistant of any of them, or of any escheator, supervisor, con-
stable, or militia officer, or of a guardian, when his bond is in a penalty not
exceeding one thousand dollars, or for making or copying orders as to bind-
ing out poor children, or as to county allowances, or grand juries, and
administering the necessary oaths.

§ 14.1-91. The court clerks of the several counties and the Registrar
of the Bureau of Vital Statistics, when requested so to do by any honorably
discharged member of the military or naval forces of the United States, his
dependents, authorized representatives in his behalf, the Commissioner of
Pensions of the United States, the Director of the United States Veterans’
Bureau shall furnish without charge or fee therefor duly certified copies
of any decree of divorce, marriage license, certificate of marriage, birth
certificate, certificate of death, order appointing administrator or guardian,
report of administrator or guardian, order discharging administrator or
guardian or other judgment, decree or document required by law or by any
rule or regulation of the Bureau of Pensions or the United States Veterans’
Bureau to be furnished as evidence to establish a claim on behalf of such
honorably discharged member of the military or naval forces of the United
States, or his dependents, for a pension, compensation, family allowance,
bonus or other money or monies claimed to be due and payable by or
through such Bureau of Pensions or United States Veterans’ Bureau.

§ 14.1-92. No officer shall be entitled to payment out of the State
treasury for services rendered in a proceeding against any person for dis-
obedience of the process of a court.

Whenever more than one indictment shall be made against the same
person or persons, at any term of a court for offenses growing out of the
same transaction, when all of such offenses could have been properly in-
cluded in a single indictment, no payment shall be made out of the State
treasury to the clerk for services rendered in connection with the trial on,
or other disposition of, any of such indictments in excess of one.

§ 14.1-98. Whenever on any decree of judgment in a civil case any
fieri facias issued by the clerk of any court is placed in the hands of any
officer and no levy is made or forthcoming bond is taken thereon, and a
return is made by the officer, the officer so making a return thereon shall
be allowed a fee of fifty cents for making the return.

§ 14.1-94. In any case in which such officer makes a levy and adver-
tises property for sale and by reason of a settlement between the parties
to the claim or suit the officer is not permitted to sell under such levy,
such officer shall not be entitled to any commissions, but shall in addition
to his fees for making the levy and return and the fee provided by § 14.1-
95, be entitled to recover from the party for whom the services were per-
formed the expenses incurred by such officer in and about the advertise-
ment of the proposed sale of the property.

§ 14.1-95. When, after distraining or levying on tangible property
the officer neither sells nor receives payment and either takes no forth-
coming bond or takes one which is not forfeited, he shall, if not 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 such half.

§ 14.1-96. Whenever a sheriff, sergeant or constable shall be required
to serve a declaration in ejectment or an order, notice, summons or other
process in a civil case and make return thereon and shall after due effort
and without fault be unable to locate such person or make service of such
process in some method provided by law, there shall be paid to such officer
the same fee provided by law for serving an order, notice or other process
and making return thereof, to be taxed as other costs are, in any pending
case. When such service is required in a proceeding not pending in a court
then the service shall be paid for by the party at whose instance it is had.
But no such fee shall be paid unless such officer when he returns such
paper unexecuted shall make and file therewith an affidavit setting forth
the aes that he has made diligent effort to execute such paper and without
avail.

§ 14.1-97. Unless otherwise provided, the fees mentioned in this
chapter shall be chargeable to the party at whose instance the service is
performed, except that fees for entering and certifying the attendance of
witnesses and the proceedings to compel payment for such attendance
shall be charged to the party for whom the witness attended.

§ 14.1-98. A notary or other officer returning affidavits or depositions
of witnesses and a commissioner returning a report shall state at the foot
thereof the fees therefor, to whom charged and, if paid, by whom.

§ 14.1-99. An officer or witness to whom, for fees or attendance, any-
thing is due that is taxed in the costs for which there is a judgment or
decree may, within one month after such judgment or decree, lodge in the
clerk’s office of the court wherein the same was rendered his fee bills for
such fees or certificate for such attendance. The amount due each officer
or witness for what is so lodged shall, and the amount due the clerk himself
for fees so included may, within such month, be noted in the margin of the
order or execution book, opposite the entry of the case. An officer or wit-
ness whose fees or certificates are so noted shall be paid the same out of
the costs by the person against whom the judgment or decree is; and the
right to such payment shall be valid against any assignee of the judgment
or decree. When the clerk issues execution in such case, he shall endorse
thereon how much of the costs is for each officer or witness whose fees or
certificates are so noted; and the officer collecting the costs shall pay the
same accordingly to those entitled thereto.

§ 14.1-100. All costs in a criminal case, if there be a judgment for
same against the defendant, or the prosecutor, other than the Common-
wealth shall, when collected, be paid by the officer collecting the same to
the clerk of the court in which the judgment was rendered or to whom the
judge has certified costs in cases in which costs are not paid the judge, and
shall be paid by such clerks as follows: such of the costs as have been
allowed and paid out of the State treasury shall be paid by such clerk into
the State treasury, and such costs as have not been allowed and paid out

of the State treasury shall be disbursed by the clerk to the several parties

entitled thereto.

th A judge shall disburse costs collected by him to the parties entitled to
e same.

§ 14.1-101. Whenever any judge of a court not of record, clerk of a
court, sheriff, sergeant or constable shall receive or collect any money for
or on account of the Commonwealth or any county, city, town or person, he
shall, within a reasonable time, deposit the same, except so much thereof
as may be necessary for the payment in cash of fees collected for other
officers and for the payment of witnesses, in such bank or banks as may
be selected by him, to the credit of an official account, and in the event of
the failure or insolvency of such bank, he shall not be responsible for any
loss of funds so deposited resulting from such failure or insolvency.

Any such officer who shall deposit any such money in his personal
account or knowingly intermingle any of the same with his personal funds,
or otherwise violate any of the provisions of this section shall be deemed
guilty of a misdemeanor.

§ 14.1-102. Nothing in this chapter contained shall be construed as
repealing or in any way affecting § 15.1-19 relating to boards of super-
visors and councils furnishing commissioners of the revenue, county treas-
urers and certain clerks with certain supplies and equipment necessary for
the conduct of their offices.

ARTICLE 2.

Amounts of Fees.
§§ 14.1-108 through 14.1-185

§ 14.1-108. The Secretary of the Commonwealth shall charge for
services rendered in his office the following fees, to be paid by the person
for whom the service is rendered at the time it is done:

For a testimonial ...............cccccsssssscscseccssssssccsccccceesssscccccccccsscsceeees $1.50
For a copy of any paper, if on one sheet ...............ccccccsreessesens 1.00
And for each sheet after the first ...............ccccccsssssssescccccsccsscees 15

For issuing a commission to a commissioner in another state 5.00
For issuing a commission to each notary and inspector ap-

pointed by the Governor .............scccccccsscssssssscsccesecssscecseesees 8.00
For making a requisition for a fugitive from justice de-

manded of amother state .............ccccccssssscccsssssscsccccssscccseeescs 2.00
For issuing a warrant for the arrest of a fugitive demanded

by the executive authority of another state ...............0000 2.00

And for filing in his office any paper required by law to be filed, the
same fee is allowed by law for recording similar papers. But no fee shall
be charged for filing a notice of candidacy or other paper required by law
of a candidate for any office.

§ 14.1-104. The clerk of the House of Delegates shall charge for a
copy of an Act of Assembly, if on one sheet...............ccccssssscccosssseees $1.00

And for each sheet after the first .................scccccssssssscccssesssesees 15

§ 14.1-105. The fees of sheriffs, sergeants and criers shall be as
follows:

(1) For service on any person, firm or corporation, a declaration in
ejectment, order, notice, summons or any other civil process, except as
herein otherwise provided, and for serving on any person, firm, or corpora-
tion any process when the body is not taken and making a return thereof,
the sum of one dollar twenty-five cents.
doll (2) For summoning a witness or garnishee on an attachment, one

ollar.

(8) For serving on any person an attachment or other process under
which the body is taken and making a return thereon, five dollars.
(4) For receiving and discharging a person in jail, one dollar.

(5) For carrying a prisoner to or from jail and every mile of neces-
sary travel, an amount equivalent to the necessary toll and ferry charges
incurred by the officer, if any, and eight cents per mile, which shall be
charged and taxed as a part of the court cost.
soll (6) For serving any order of court not otherwise provided for, one

ollar.

(7) For serving a writ of possession, two dollars.

(8) For levying an execution or distress warrant or an attachment,
three dollars.

(9) For serving any papers returnable out of State, six dollars.

§ 14.1-106. The circuit court of any county or the corporation court
of any city may, at any time, fix or alter the rates to be thenceforth paid in
such county or corporation for keeping and supporting any horse or live-
stock, but the rates so fixed or altered shall never exceed those mentioned
in § 14.1-105.

§ 14.1-107. The officer shall be paid any necessary expense incurred
by him in keeping property not mentioned in § 14.1-105 or in removing any

property.

§ 14.1-108. The commission to be included in a forthcoming bond,
when one is taken, shall be ten per centum of 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 such money.
Such commission shall not be received unless the bond is forfeited or paid,
including the commission, to the plaintiffs. Of whatever interest accrues on
such bond, or the execution of judgment thereon, the officer shall be en-
titled to his proportionable share, on account of his fees included in such

ond.

§ 14.1-109. An officer receiving payment under an execution or other
process in money, or selling goods, shall receive the like commission of ten
per centum of the first one hundred dollars of the money paid of proceeds
from 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 execu-
tion on a forthcoming bond, his commission shall only be half what it would
be if the execution were not on such bond.

§ 14.1-110. In cities of a population of one hundred thousand and
more, however, 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 and two per centum on the residue
of such money. Such commission shall not be received unless the bond is
forfeited or paid, including the commission, to the plaintiffs. Of whatever
interest may accrue on such bonds, or the execution of judgment thereon,
the officer shall be entitled to his proportionate share, on account of his
fees included in the sale. An officer in any such city receiving payment 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 proceeding from the
sale and two per centum on the residue; except that when such payment or
sale is on an execution on a forthcoming bond, his commission shall only be
half what it would be if the execution were not on such bond.

§ 14.1-111. The fees and allowances of sheriffs, sergeants and criers
in criminal cases shall be as follows:

For serving a warrant or summons other than on a witness when no
arrest is made, one dollar.

For an arrest in a case of a misdemeanor or felony, one dollar and
fifty cents.

For executing a search warrant, two dollars.

For summoning a witness in a felony or misdemeanor case, one dollar.
But when two or more persons are arrested under one warrant, or
are jointly charged or tried, the officer shall be entitled only to such fee
ror summoning witnesses as if only one person was arrested, charged
or tried.

For carrying a prisoner to jail under the order of a justice, for each
mile traveled of himself going and returning, eight cents.

For each mile traveled of the prisoner in carrying him to jail, when
the distance is over ten miles, eight cents.

For executing the first writ of venire facias at a term, ten dollars and
five dollars for executing every other writ of venire facias at the same
term, provided that when an officer goes out of his city or county to exe-
cute a writ of venire facias, he shall receive ten dollars for executing the
writ, and his actual necessary expenses, to be set out in a sworn account
to be approved by the court.

§ 14.1-112. A clerk of a circuit or other court of record shall, for
services performed by virtue of his office, charge the following fees, to
wit:

(1) When writing is admitted to record under chapter 2 of Title 17,
or chapter 5 or 6 of Title 55, for everything relating to it, except the re-
cording in the proper book, to wit: for receiving proof of acknowledge-
ments, entering orders, endorsing clerk’s certificate, and when required,
embracing it in list for the commissioner of the revenue, one dollar.

(2) For recording and indexing in the proper book any writing and
all matters therewith, except plats, or for recording and indexing anything
not otherwise provided for, provided that no additional charge shall be
made for recording less than one-half of a page, a minimum of four dollars
for up to three pages and one dollar for each page over three; and for
admitting to record, or making a copy of any paper or record to go out of
the office, which has been typewritten single space, or is printed in smaller
than pica type, the fee for admitting to record or making such copy shall
be double the amount of the fees allowed above.

(3) For recording a plat of not more than six courses or lines, or a
copy thereof, one dollar and for each other distinct line or course above
six, five cents.

(4) For appointing and qualifying any personal representative, com-
mittee, trustee, guardian, or other fiduciary, in addition to any fees for
recording allowed by this section, five dollars for estates not exceeding
five hundred dollars, ten dollars for estates not exceeding fifty thousand
dollars, fifteen dollars for estates not exceeding one hundred thousand
dollars and twenty dollars for estates exceeding one hundred thousand
dollars; provided no fee shall be charged for estates of one hundred
dollars or less.

(5) For entering and granting and for issuing any license, other than
a marriage license or a hunting and fishing license, and administering an
oath when necessary, three dollars.

(6) For issuing a marriage license, attaching certificate, administer-
ing or receiving all necessary oaths or affidavits, indexing and recording,
five dollars.

(7) For making out any bond, other than those under § 14.1-90 or
paragraph numbered (5) of this section, administering all necessary oaths
and writing proper affidavits, two dollars.

(8) For issuing any execution, and recording the return thereof, one
dollar and fifty cents.

(9) For entering satisfaction or attesting satisfaction on any judg-
ment, fifty cents.

(10) For making out a copy of any paper or record to go out of the
office, which is not otherwise specifically provided for, for each page, one

ollar.
(11) For annexing the seal of the court to any paper, writing the
certificate of the clerk accompanying it, one dollar, and for attaching the
certificate of the judge, if the clerk be requested to do so, fifty cents.

(12) For each parcel or tract of land entered in the delinquent land
record, to be paid out of the treasury of the county or city, as the case
may be, ten cents for each parcel or tract of land so entered in the delin-
quent land record; and for entering on the record the sale to the Common-
wealth of each parcel or tract of land, to be paid out of the treasury of the
county or city, as the case may be, ten cents for each parcel or tract of
land so entered.

(18) For making a statement, calculating interest and receiving
payment of taxes on any parcel or tract of land returned delinquent, ate
cents for each year.

(14) For reporting marriage licenses issued under § 20-35, to be
paid out of the State treasury, for each marriage license reported, ten cents.

(15) Upon conviction in felony cases, in lieu of any other fees allowed
by this section the clerk shall charge the accused twenty dollars in each
case.

(16) Upon conviction in misdemeanor cases, in lieu of any other
fees allowed in this section, the clerk shall charge the accused ten dollars
in each case.

(17) In all actions at law the clerk’s fee chargeable to the plaintiff
shall be five dollars in cases not exceeding five hundred dollars, ten dollars
in cases not exceeding five thousand dollars, fifteen dollars in cases not
exceeding fifty thousand dollars, and twenty dollars in cases exceeding
fifty thousand dollars, to be paid by the plaintiff at the time of instituting
the action, this fee to 'be in lieu of any other fees.

(18) In addition to the fees provided for in §§ 24-80, 24-117, and
24-125, the clerk shall charge a fee of five dollars at each election held in
his county, city or town, payable out of the respective treasuries thereof,
for each voting precinct located therein, for services performed in compli-
ance with Title 24; provided, however, the total charge under this section
shall not exceed fifty dollars.

(19) For qualifying notaries public, including the making out of the
bond and any copies thereof, administering the necessary oaths, and enter-
ing the order, five dollars.

(20) For each matter under § 8-577.1 and each habeas corpus pro-
ceeding, the clerk shall receive ten dollars for all services required there-
under.

(21) For the registration in the proper book of the license under
§§ 54-179, 54-200.14, 54-313, 54-385 and any other professional licenses
required to be registered in the clerk’s office, one dollar.

(22) For docketing and indexing a judgment from any other court,
a fee of one dollar; and for issuing an abstract of any recorded judgment,
when proper to do so, a fee of one dollar and fifty cents.

(23) For all services rendered by the clerk in any court proceeding for
which no specific fee is provided by law, the clerk shall charge a fee of five
dollars, to be paid by the party filing said papers at the time of filing.

The provisions of this section shall control the fees charged by clerks
of courts of record for the services above described.

§ 14.1-118. A clerk of a circuit or other court of record shall, for
services performed by the virtue of his office in chancery causes,
the following fees, to wit:

(1) For issuing an attachment or a summons, with an endorsement
of an order of attachment or injunction ...............cccccscsscsscsscecscesseccseveees $0.50

(2) For process for which no higher fee is allowed ...............000. 25

(3) When more than three exhibits are returned with a commis-
sioner’s report, but not annexed thereto, for endorsing and filing such
exhibits a fee, not for each, but for all filed with the same report, of .... .25

(4) If papers be filed on the side of the plaintiff or defendant, for
which no fee is before provided, a fee, not for each but for the whole
of such papers on either side Of ................ccccssscccssssccecccesssccccceessccceesscceosses 25

(5) And if papers be filed on the side of defendants, for which
no fee is before provided, a fee, not for each but for the whole of such
PAPETS, OF ..........scsscescscccceccccccccssssssssssccccccesccssccssnsssscccssscssscenaaseccssssecesecescoosses 2D

(6) For entering in the rule book the return of all process return-
able to the same rule day, a fee, not for each defendant named there-
in nor for every such process but for the whole of the defendants
NaMed in all such Process, Of .............ccsscccccscsccccscsessccccccnsesccecsesscceescesssecees R319)

(7) For all rules entered in any case on the same side at the rules
for one month, when anything is done on such side at such rules be.

sides entering or filing a pleading or continuing the case .................++
(8) For any execution, the entry of the case in the execution book
and the record of the return, ‘unless a higher fee be allowed therefor .. .50

In lieu of the fees hereinabove set forth:

In all chancery causes the clerk’s fee chargeable to the plaintiff shall
be twenty dollars to be paid by the plaintiff at the time of instituting the
suit, which shall include the furnishing of a duly certified copy of the final
decree. In divorce cases, when there is a merger of a divorce of separation
a mensa et thoro into a decree of divorce a vinculo, the above shall include
the furnishing of a duly certified copy of both such decrees.

Notwithstanding any other provision of law to the contrary, the pro-
visions of this section shall control the fees charged by clerks of courts
of record.

§ 14.1-114. Notwithstanding any other provision of law to the con-
trary, only one fee, which shall be in the amount of ten dollars, shall be
required by the clerk to be paid by the petitioner or petitioners for all
services rendered in an adoption proceeding.

§ 14.1-115. For each case of felony tried in his court, to be charged
only once, the clerk of such court shall be entitled to the sum of two dol-
lars and fifty cents. But this section shall not apply to the clerk of the
Hustings Court of the city of Richmond.

§ 14.1-116. In any court of record in which electronic devices are
used for the purpose of recording testimony, for each case of felony tried
in his court, the clerk of such court shall tax as costs a sum not to exceed
ten dollars for each day or part of a day of the trial of such felony. In
any court of record in which electronic devices are used for the purpose
of recording testimony, for each case of misdemeanor tried in his court,
the clerk of such court shall tax as costs a sum not to exceed one dollar
for each day or part of a day of the trial of such misdemeanor. Such
fees shall be paid by the clerk into a special fund to be used for the pur-
pose of repairing, replacing or supplementing such electronic devices.

§ 14.1-117. The clerk shall be entitled to and paid from the funds
of his county or city a fee of not to exceed fifty cents for copying in the
Induction and Discharge Record, World War II, the information obtained
from the draft boards as to each such resident, but in no case shall any
charge be made the resident who has served in the armed forces for re-
cording his discharge papers.

§ 14.1-118. For furnishing each certified copy of any recorded dis-
charge of any person who served in the military and naval forces of the
United States or its associates in World War I, the clerk shall be entitled,
subject to the provisions of § 14.1-91, to a fee of fifty cents. Such fee
shall be payable by the person desiring the certified copy. No tax shall
be charged on the recordations of such discharges, nor shall any tax be
charged for the seal annexed to such certified copies.
§ 14.1-119. The clerk of any court of record of any city in the State
having a population in excess of one hundred ninety thousand shall receive
out of the treasury of such city, for services rendered to the public of the
city, such sum as the council may prescribe, not exceeding twenty-five
hundred dollars in one year.

§ 14.1-120. The Clerk of the Supreme Court of Appeals shall charge
the following fees:

In every case in which a petition and record is presented one dollar
and a half, which shall be collected at the time such petition and record is
presented and which shall include all fees chargeable up to the time the
petition is granted or refused.

In every case in which a writ of error or appeal is granted or docketed,
three dollars and one-half, which shall be collected at the time the estimated
cost of printing is collected and which shall include all fees chargeable from
the time of granting or docketing the writ until the case is finally dis-
posed of by the court.

For more than one copy of a writ, twenty-five cents each.

For making and certifying a copy of any record or document in the
clerk’s office, ten cents per one hundred words.

For verifying and certifying any record or document not actually
copied by the clerk, one-half of the fee for copying and certifying, which
shall not however be applied to the certification of a copy of the record
which has already been printed.

For authentication of any record, document or paper under the seal
of the court, fifty cents.

For copying and certifying any document or paper of less than two
hundred and fifty words, twenty-five cents.

For administering an oath and entering an order qualifying an at-
torney to practice in the court, one dollar and a half.

For certificate of such qualification under seal of the court, one dollar.

For entering an order and licensing an attorney from another state,
under the reciprocity statute, ten dollars.

For binding records and briefs as provided by § 8-501, fifty cents.

For all other services not specifically mentioned above, the same fee
would be charged by a clerk of a circuit court in similar cases.

§ 14.1-121. The fees of attorneys for the Commonwealth in all fel-
ony and misdemeanor cases in which there is a conviction and sentence
not set aside on appeal or a judgment for costs against the prosecutor,
aut for expenditures made in the discharge of his duties shall be as fol-

Ows:

For each trial of a felony case in his circuit or corporation court,
in which only one person is tried at a time, if the punishment prescribed
may be death, twenty dollars; if the punishment prescribed is less than
death, ten dollars; but where two or more persons are jointly indicted and
jointly tried for a felony, in addition to the fees above provided, ten
dollars for each person more than one so jointly tried. For each person
prosecuted by him at a preliminary hearing upon a charge of felony be-
fore any court or judge of his county or city, five dollars.

For each person tried for a misdemeanor in his circuit or corporation
court, five dollars, and for each person prosecuted by him before any
court of his county or city for a misdemeanor, which he is required by
law to prosecute, or upon an indictment found by a grand jury, five dol-
lars, and in every misdemeanor case so prosecuted the court or judge
shall tax in the costs and enter judgment for such misdemeanor fee.

No attorney for the Commonwealth shall receive a fee for appearing
in misdemeanor cases before a court not of record, except in those partic-
ular violations of the law when he is expressly required to appear by stat-
utory enactment and provision is made for the taxing of his fees in
the costs.

§ 14.1-122. In every scire facias or other proceeding upon a forfeited
recognizance where a judgment is awarded in behalf of the Commonwealth
there shall be taxed in the costs an attorney’s fee of ten dollars which
when recovered shall be paid into the State treasury.

§ 14.1-123. Fees for services performed by the judges or clerks of
courts not of record in criminal actions and proceedings shall be as fol-
lows 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; provided
that when such fee is collected for the defendant or other person for him,
such fee shall be two dollars.

(2) For issuing a search warrant, one dollar.

(3) For trying or examining a case of misdemeanor, including swear-
ing 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.

(6) For filing and indexing all papers connected with any criminal
action in a county or municipal court, one dollar and twenty-five cents,
which when collected shall be transmitted to the clerk of the circuit or
corporation court with such papers in the manner prescribed by § 19.1-335,
iden? ata papers are required by law to be transmitted to a court of
record.

§ 14.1-124. Notwithstanding the provisions of § 14.1-123, in any
city having a population of not less than forty-five thousand nor more
than sixty thousand, according to the last preceding United States cen-
sus, the governing body thereof may, by resolution duly adopted, waive
the provisions of such section, and not charge any fees which go into the
city treasury for services performed hereunder, and direct the court and
the clerk thereof not to tax such fees as costs.

§ 14.1-125. 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 and shall not be refundable, except in
case of error or as herein provided:

(1) For all court and justice of the peace services in each distress,
detinue, interrogatory summons, unlawful detainer, civil warrant, notice of
motion, garnishment, attachment issued, or other civil proceeding, $3.00
unless otherwise provided in this section, which shall include the fee pre-
scribed by § 16.1-115. No such fee shall be collected in any tax case in-
stituted by any county, city or town except in a case instituted by any
city having a population of not less than three hundred thousand.

The judge or clerk shall collect the foregoing fee at the time of issuing
process. Any justice of the peace or other issuing officer shall collect the
foregoing fee at the time of issuing process. He may deduct therefrom a
justice of the peace (or other issuing officer) fee of $1.25 for his services
in the case. He shall remit the remainder promptly to the court to which
such process is returnable, or to its clerk. Any sheriff, city sergeant, or
other officer serving process shall collect the foregoing court fee before
serving any notice of motion of judgment, which fee he shall remit on or
before the return day of such motion to the court to which such motion
is returnable, or to its clerk, except that no fee shall be collected in tax
cases until] after process has been served. When no service of process is
had as to any defendant served by notice of motion for judgment, the of-
ficer serving process shall return such notice of motion and the court fee
collected by him to the plaintiff or his counsel. The foregoing court fee shall
not include the service fee of any sheriff, city sergeant, or other officer
serving process, but the person issuing process shall accept and forward
any such service fees when tendered at the time of issuing process. When
no service of process is had on a defendant named in any civil process
other than a notice of motion for judgment, such process may be reissued
once by the court or clerk at the court’s direction by changing the return
day of such process, for which service by the court or clerk there shall be
no charge; provided, however, reissuance of such process shall be within
three months after the original return day and regardless of whether the
original process was issued before or after June 27, 1960.

(2) For granting each continuance except the first of any warrant
or other proceeding pending before the court, fifty cents, but if 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.

The fees prescribed in this section shall be the only fees charged in
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.

§ 14.1-126. 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.

§ 14.1-127. A justice of the peace may, for the following services
performed by him by virtue of his office, charge and collect the following

ees only:

(1) For taking and certifying the acknowledgement of any deed or
other writing, one dollar.

(2) For administering and certifying an oath or affirmation, unless
it be that of a witness, fifty 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 twenty-five cents per hour for any additional time.

§ 14.1-128. 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; provided,
that when such fee is collected from the defendant or other person for him,
such fee shall be two dollars.

(2) For issuing a search warrant, one dollar.

(3) For admitting any person to bail, including the taking of the
necessary bond, two dollars, 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.

§ 14.1-129. The fees allowed by § 14.1-128 shall be in full for all
services rendered in each case by a justice of the peace but shall not be
allowed or paid by the Comptroller without a certificate of the judge of
the court, allowing the account, 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.

§ 14.1-130. The police justice or other justice having similar juris-
diction and receiving a salary of a city shall not be entitled to receive out
of the State treasury the fees provided in § 14.1-128, but every such jus-
tice shall be paid by the city for which he is employed.

§ 14.1-131. If any warrant or 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 judge
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 judge believe
from the evidence that the proceeding was procured by the prosecutor
through malice or without reasonable and probable cause.

§ 14.1-182. The fee of a justice of the peace for issuing a subpoena
for a witness or witnesses in a case pending before a judge of a court
not of record shall be twenty-five cents for each such subpoena and there
shall be no additional fee when there are more than one witness on one
side of the case.

§ 14.1-133. A commissioner in chancery may, for services rendered
by virtue of his office, charge the following fees, to-wit:

For services which might be performed by notaries, the like fees for
like services; for any other service such fees as the court by which the
commissioner is appointed may from time to time prescribe.

A commissioner shall not be compelled to make out or return a re-
port until his fees therefor be paid or security given him to pay so much
as may be adjudged right by the court to which the report is to be returned
or by the judge thereof in vacation, unless the court or judge see cause
to order it to be made out and returned without such payment or security
and shall so order.

§ 14.1-134. A notary may, for services performed by him by virtue
of his office, charge the following fees, to-wit:

(1) When there is a protest by a notary, for the record thereof,
making out instrument of protest under his official seal, and notice of
dishonor to one person besides the maker of a note or acceptor of

BD DI] ...........ccccsssscccecccsersscsscccceeccscescecsseccccccscsceccesssccccscceseecccscecesseccessocsccsscesecs $1.00
(2) For every additional motice 2.0.00... cccccscccscccesssccccesscceccsees 10
(3) For taking and certifying the acknowledgment of any deed or

Other Writing ................. cc cccsccssssssscsssscsscccccccccccssseeccecscescsecscsescesccscceccsenscevens 1.0

(4) For administering and certifying an oath, unless it be the affi-
Gavit Of & WITNESS ......... cc ccccssssssesccssseccescsssssccceescsosssccsccscsessscseccesessesseceseees 50
(5) For taking and certifying affidavits or depositions of witnesses,
When done in an hour ou... ccsssssecceccsssscsncccsssscsssececsseseccecssesssnsseccseseees 15
(6) If not done in an hour, for any additional time, at the rate
y=) a C0) 0) 75
(7) For other services a notary shall have the same fees as the
clerk of a circuit or city court for like services.

ARTICLE 3.

Mazimum Compensation of Certain Fee Officers
§§ 14.1-136 through 14.1-167

§ 14.1-136. Every clerk of a court of record except the clerk of the
Supreme Court of Appeals, the sheriff of the city of Richmond, and the
sergeant of every city which does not operate a jail, except the sergeants
of the cities of Martinsville, Suffolk, and Wincester shall annually, within
fifteen days after the close of each anniversary of the beginning of the term
of his office, file with the State Compensation Board a full and accurate
statement showing all such fees, allowances, commissions, salaries or other
emolument of office, derived from the State or any political subdivision
thereof, or from any other source whatever, collected or received by him
and a like statement of all such fees, allowances, commissions and salaries,
chargeable under the law, but not collected by him, during the year ending
ier thirty-first next preceding. Such statements shall be verified by
idavit.

§ 141-187. Every justice of the peace, constable, civil justice, clerk
of a civil justice court and justice of a juvenile court, other than a juvenile
court who is such by virtue of his being a judge or justice of a county or
municipal court, shall annually, within fifteen days after the close of each
anniversary of the beginning of the terms of their respective offices, report
under oath to the clerk of the circuit court of the county, and in cities to
the clerk of the corporation or hustings court, and if the city has no
corporation or hustings court then to the circuit court of the city, on forms
provided by the local governing body, all fees, allowances, commissions,
salary or other compensation or emolument of office derived from the
State or any political subdivision thereof, or from any other source what-
ever, collected by him, also charged and not collected by him during the
year ending December thirty-first next preceding. But nothing in this
article shall apply to any such officer when the total compensation received
by such officer from all sources is paid by a city, town or county.

§ 14.1-188. The reports required by the two preceding sections shall
show in detail all sums actually paid for necessary office expenses, prem-
iums on official bond of the principal and deputies, name and amount of
compensation to each deputy or assistant, and a detailed statement of every
oe expense in connection with the administration of the office actually
paid out,

§ 14.1-139. Every officer mentioned in §§ 14.1-136 and 14.1-137
shall keep in a book a true and accurate record of all fees, allowances,
commissions, salary or other compensation or emolument of office to which
he is entitled under the law, the amount of the same actually collected by
him and the date of collection and sources from which the collections were
made. Such book shall at all times be open to public inspection.

§ 14.1-140. In determining the excess, if any, to be paid into the
State treasury by the officers mentioned in § 14.1-186 and to be paid into
the treasury of the locality by the officers mentioned in § 14.1-187, all fees,
allowances, commissions, salary or other compensation or emolument of
office derived from the State or any political subdivision thereof, or from
any source whatever, shall be included and enter into the determination of
the excess to be paid. In the event the same individual is clerk of one or
more courts, such clerk shall make one report for all the courts and include
therein all the fees, allowances, commissions, salaries or other compensation
or emolument of office derived from the State or any political subdivision
therein and from any other source whatever; and in like manner the ex-
penses with respect to all of the courts of which he is clerk; and such clerk
shall be entitled to the annual allowance prescribed by this article as if he
were clerk of only one court.

§ 14.1-140.1. Each of the officers mentioned in § 14.1-186, at the time
of filing the annual report required by § 14.1-186, shall pay into the State
treasury the amount in excess of the annual allowance to which he is en-
titled by this article and the expenses incurred authorized by the Compensa-
tion Board. The officers mentioned in § 14.1-137 shall at the same time of
filing the annual report required by § 14.1-137 pay into the treasury of
the locality the amount in excess of the annual allowance to which he is
entitled by this article and the expense incurred, authorized by the board
of supervisors or other governing body of the county or council of the city
and two-thirds of all excess paid into the State treasury by the officers
named in § 14.1-136 respectively, shall, by warrant of the Comptroller on
the State Treasurer, be paid into the treasuries of the counties and cities
of such officers, respectively, except that all of the excess paid into the State
treasury by the Clerk of the Supreme Court of Appeals of Virginia shall
be retained therein.

§ 14.1-141. The State Compensation Board shall determine: (1) how
many deputies and assistants, if any, are necessary to the efficient per-
formance of the duties of the office of the officer filing a report required
by § 14.1-136, (2) what should be the compensation of such deputies and
assistants, (8) what allowance, if any, should be made for office expenses
and premiums on official bonds, and (4) the manner in which such com-
pensation should be paid or such allowance made. Each of such officers shall,
on or before the first day of November in each year, report to the Board,
on official estimate blanks, furnished for such purpose, an estimate in item-
ized form showing the amount of expenses expected to be incurred in the
operation and maintenance of his office for the ensuing year, and all such
expenses must be approved in advance by the Board in order to be deduc-
tible under § 14.1-140; provided, however, that nothing in this section shall
be construed as prohibiting the State Compensation Board from increasing
at any time in the year allowances for such expenses as provided in § 14.1-
142. The State Compensation Board shall report annually to the Governor
on the expenses of such office.

§ 14.1-142. The State Compensation Board may adjust equitably all
questions of the division of compensation, allowances for deputies and as-
sistants, office expenses and premiums on bonds which may arise under
this article by reason of the change of incumbents in any such offices or
from any other cause; provided, however, that all adjustments shall be
made as nearly as possible in accordance with the intent of this article.
And the Board may, on written application from any of the officers men-
tioned in § 14.1-186, and on good cause shown, increase the allowance
made to such officers for deputies and assistants, office expenses and
premiums on bonds. The board of supervisors or other governing body of
a county or the council of a city may by resolution adopted and certified
lay before the State Compensation Board any recommendation it may
desire to make with respect to the expense account of any officer mentioned
in § 14.1-136 as to increase or decrease of expense.

§ 14.1-1438. The total annual compensation, exclusive of expenses
authorized by the State Compensation Board, of any officer mentioned
in § 14.1-136 shall not exceed the sums hereinafter named, to-wit:

In cities or counties having a population of one hundred thousand or
more, such compensation shall not exceed the sum of seventy-five hundred
dollars per annum; with a population between thirty-eight thousand and
forty thousand such compensation shall not exceed eight thousand five
hundred dollars per annum; with a population between fifty thousand and
one hundred thousand and in counties adjoining cities having a population
of fifty thousand or more, such compensation shall not exceed seven thou-
sand dollars per annum; with a population between twenty-five thousand
and fifty thousand, such compensation shall not exceed six thousand seven
hundred fifty dollars per annum; with a population between fifteen thou-
sand and twenty-five thousand, such compensation shall not exceed sixty-
five hundred dollars per annum; and with a population of fifteen thousand
or less, such compensation shall not exceed four thousand five hundred
dollars per annum except in cities of the first class in which it shall not
exceed five thousand dollars per annum exclusive of any compensation al-
lowed by the respective city councils; and provided, however, that in deter-
mining the compensation allowed to any such officer hereunder any com-
pensation allowed to such officer by his city council or county board of
supervisors, other than commissions allowed by State law for the dis-
charge of any duties imposed upon such officer by the council of the city,
board of supervisors of the county, or laws of this State shall be dis-
regarded to the extent of: (a) not more than five thousand dollars in
cities having a population of two hundred thousand or more and in
counties adjoining cities having a population of two hundred thousand or
more, and in cities having a population of more than eighty thousand but
not more than eighty-six thousand and adjoining a city having a population
of two hundred thousand or more, and (b) not more than twenty-five hun-
dred dollars in cities or counties having a population of less than two hun-
dred thousand and not included in clause (a) above. Provided that
when, in any city having a population in excess of one hundred thou-
sand, any person serves as clerk of more than one court of record in
such city he shall annually receive, in addition to the compensation to which
he is entitled as clerk of any court of record in such city, not to exceed one
thousand dollars additional for each other such court of which he is clerk.
Provided that in any county having a population of more than twenty-nine
thousand but less than twenty-nine thousand seven hundred such compensa-
tion shall not exceed six thousand five hundred dollars. Provided, further,
that in any county having a density of population in excess of four thousand
persons to a square mile or in any county or city adjoining such county, or
in any city having more than two hundred thousand population, or in any
city having a population of more than eighty thousand but not more than
eighty-six thousand and adjoining a city having a population of two hun-
dred thousand or more, any person who serves as clerk of any court of
record having two or more regularly appointed or elected judges and/or
serves as clerk of more than one court, whether the same be a court of
record or otherwise, he shall receive annually, in addition to the compensa-
tion to which he is entitled as court clerk in such county or city not to
exceed one thousand dollars additional for each judge, in excess of one, of
a court of record for which he acts as clerk and one thousand dollars
additional for each other statutory court of which he is clerk, whether the
same be a court of record or otherwise. Provided, further, that in any
county having a population in excess of ninety-nine thousand and con-
taining an even number of magisterial districts, such compensation shall
not exceed eight thousand five hundred dollars. Provided, further, that in
any county having a population in excess of fifty thousand and adjoining
a city lying wholly within this State and having a population in excess of
three hundred thousand such compensation shall not exceed eight thousand
five hundred dollars, and provided, further, that in any city with a
population of more than sixty thousand but less than eighty-five thousand
the compensation of the clerk of the circuit court shall not exceed nine
thousand five hundred dollars.

Nothing herein shall be construed to alter or affect in any manner the
increases heretofore provided and now in effect.

§ 14.1-144. In each city of this Commonwealth having a population
of over ninety-two thousand and not exceeding one hundred thousand in-
habitants, the clerks of courts shall each be paid a salary, not less than
eight thousand dollars per annum but not to exceed ten thousand dollars
per annum, and in each city of this Commonwealth having a population of
over one hundred fourteen thousand and not exceeding one hundred
thousand inhabitants the clerks of courts shall each be paid a salary not
less than twelve thousand dollars per annum but not to exceed fourteen
thousand dollars per annum, and in each city of this Commonwealth having
a@ population of over seventy thousand and not exceeding seventy-five
thousand inhabitants, the clerk of the corporation court shall be paid a
salary not less than ninety-five hundred dollars per annum but not to
exceed twelve thousand five hundred dollars per annum, and the clerk of
the circuit court shall be compensated as provided in § 14.1-148. Nothing
in this paragraph shall be construed to prevent such clerks from receiving
any future salary increases that may be allowed from time to time by the
Genera] Assembly.

Such salary shall be in full compensation for services and shall be in
lieu of the retention by such clerk of any and all official fees and commis-
sions of whatever kind or character, and from whatever source derived;
and the city council of each such city shall provide for the payment of such
salary out of the city treasury in equal monthly installments. The expenses
of office of such clerk, including the compensation of deputies and em-
ployees, shall be likewise paid to each such clerk out of the city treasury
on duly authenticated vouchers, when and as such expenses are incurred,
or may become due and payable, or at least monthly. The maximum amount
of such expenses shall be fixed by the State Compensation Board, and the
Board shall fix the number and compensation of the deputies and employees
of each such officer.

All fees and commissions of every kind or character received or col-
lected by such clerk, and from whatever source derived, shall be paid into
the city treasury by him monthly. All fees and commissions of every kind
and character, whether payable by the State, the United States, or by priv-
ate persons, firms or corporations, now or hereafter made receivable by
laws or ordinance by such clerk, shall continue to be paid to and collected
by him, and shall be paid into the city treasury monthly, except that the
city aforesaid shall not be required to pay any such clerk any fees or com-
missions for services performed for such city.

§ 14.1-145. Notwithstanding the provisions of §§ 14.1-186 to 14.1-
148, 14.1-144, and 14.1-156 to 14.1-161, the maximum compensation thereby
authorized for the clerks of courts of record is increased by twenty per
centum for those clerks authorized by law to retain, from fees and commis-
sions, a maximum of fifty-five hundred dollars or less; and by ten per
centum and not exceeding five hundred dollars for those clerks authorized
by law to retain, from fees and commissions, a maximum in excess of fifty-
five hundred dollars, provided, however, that no increase authorized here-
under shall exceed the sum of one thousand dollars, and provided further
that no clerk shall receive a total net compensation exceeding ten thousand
dollars, excepting such clerk who is the clerk of two or more courts.

§ 14.1-146. Notwithstanding the provisions of §§ 14.1-186 to 14.1-
149, and 14.1-156 to 14.1-161 in any city having a population in excess of
one hundred eighty thousand inhabitants, the compensation, exclusive of
expenses, of the high constable of such city may exceed the sum of seven
thousand five hundred dollars but shall not exceed the sum of eight thou-
sand five hundred dollars.

§ 14.1-147. All fees and commissions of every kind or character re-
ceived or collected by each of the officers mentioned in the preceding sec-
tion, and from whatever source derived, shall be paid into the city treasurer
by each of such officers monthly. All fees and commissions of every kind
and character, whether payable by the State, the United States, or by
private persons, firms or corporations, now or hereafter made receivable
by law or ordinance by any such officer as is mentioned in the preceding
section, shall continue to be paid to and collected by him, and shall be paid
into the city treasury monthly, except that the city aforesaid shall not be
required to pay any such officer any fees or commissions for services per-
formed for such city.

§ 14.1-148. Notwithstanding any provisions contained in this article,
the maximum compensation authorized for the clerks of courts of record
is increased by ten per centum.

§ 14.1-149. In each city of this Commonwealth having a population
of not less than thirty-five thousand inhabitants nor more than thirty-seven
thousand five hundred inhabitants, according to the last preceding United
States census, for which there is both a court of hustings and a circuit court,
the clerk of the courts of record shall be paid a salary of not less than six
thousand dollars nor more than seven thousand five hundred dollars per
annum.

Said salary shall be in full compensation for services and shall be in
lieu of the retention by any such officer of any and all official fees, commis-
sions or compensation of whatever kind or character, and from whatever
source derived: and the city council of each such city shall provide for the
payment of such salary out of the city treasury in equal monthly instal-
ments. The expenses of office of each such officer, including the compensa-
tion of deputies and employees, shall be likewise paid out of the city treas-
ury on duly authenticated vouchers, when and as such expenses are in-
curred, or may become due and payable, or at least twice monthly. The
maximum amount of such expenses in the case of each such officer shall
be fixed by the State Compensation Board, and the State Compensation
Board shall fix the number and compensation of the deputies and em-
ployees of each such officer.

All fees and commissions of every kind or character received or col-
lected by each of the officers mentioned in this section, and from whatever
source derived, shall be paid into the city treasury by each of such officers
monthly. All fees and commissions of every kind and character, whether
payable by the State, the United States, or by private persons, firms or
corporations, now or hereafter made receivable by law or ordinance by any
such officer as is mentioned in this section, shall continue to be paid to and
collected by him, and shall be paid into the city treasury monthly, except
that the city aforesaid shall not be required to pay any such officer any fees
or commissions for services performed for such city.

§ 14.1-150. Notwithstanding provisions of § 14-155 and subject to
provisions of §§ 14.1-145 and 14.1-148, the total annual compensation of
clerks of courts of record of any city having a population of more than
thirty-five thousand and sixty but less than forty thousand according to
the last preceding decennial census but whose population has increased due
to annexation since nineteen hundred and fifty, shall not exceed seven
thousand dollars.

§ 14.1-151. Reserved.

§ 14.1-152. Notwithstanding any other provisions contained in this
article, the maximum compensation authorized for the clerks of courts of
record is increased by twenty per centum. Nothing herein shall be con-
strued to alter or affect in any manner increases heretofore provided.

§ 14.1-153. Compensation of clerks of certain courts of limited juris-
diction. Any clerk of a court the jurisdiction of which is limited to cases
wherein the Commonwealth is a party as set forth in § 17-1638 shall receive
from the Commonwealth an annual salary of thirty-five hundred dollars.

§ 14.1-154. In any county adjoining a city having a population of
more than two hundred thousand and in any county adjoining another
county having a population of more than one thousand per square mile, the
clerk of a court of record in any such county which court has jurisdiction
in a city shall receive a sum of one thousand dollars for each additional
city served by such court and clerk.

§ 14.1-155. Notwithstanding any other provisions contained in this
article, the maximum compensation authorized for the clerks of courts
of record is hereby increased by ten per centum. Nothing herein shall be
construed to alter or affect in any manner increases heretofore provided.

This section shall apply notwithstanding the provisions of any other
law which places any such clerk on a salary basis.

§ 14.1-156. The total annual compensation, exclusive of expenses
authorized by the board of supervisors or other governing body of the
county or the council of the city, of an officer mentioned in § 14.1-137
shall not exceed the sums hereinafter named, to-wit:

In cities or counties having a population in excess of one hundred
and fifty thousand such compensation of any such officer shall not exceed
eight thousand dollars; with a population between fifty thousand and
one hundred and fifty thousand, such compensation of any such officer
shall not exceed the sum of six thousand six hundred dollars per annum;
with a population below fifty thousand, such compensation of any such
officer shall not exceed five thousand five hundred dollars per annum.

Such total compensation of a high constable shall be within the limits
specified in § 14.1-148.

§ 14.1-157. For the purposes of this article, the population of each
county and city shall be as shown from time to time by the last decennial
United States census report, but in any case in which it shall be shown
to the satisfaction of the State Compensation Board that the adoption of
such census report will result in an injustice to any officer, the State
Compensation Board may accept an estimate of such population based
upon evidence, satisfactory to the Board.

§ 14.1-158. The State Compensation Board shall as soon as practi-
cable annually furnish the board of supervisors or other governing body
of each county with the statement showing receipts and expenses of of-
fice and of officers making report under this article, which statement
shall be published once a week for two weeks in a newspaper having a
general circulation, to be selected by the board of supervisors or other
governing body, published in the county, and in like manner shall furnish
such a statement to the auditors or comptroller of each city to be pub-
lished in one or more daily newspapers having a general circulation in
the city, in the discretion of such auditor or comptroller. The expense
of these publications shall be borne by the locality.

§ 14.1-159. The provisions of §§ 14.1-136 to 14.1-158 shall not apply
to any officer mentioned in § 14.1-136 whose total of all fees, allowances,
commissions, salary or other compensation or emolument of office from
the State or any political subdivision thereof, or from any other source
whatever, did not amount to as much as two thousand five hundred dol-
lars for the calendar year for which the report is required, but every
such officer shall within fifteen days after the close of each anniversary
of the beginning of the term of his office, file with the Comptroller a
statement under oath, on forms prescribed by the Comptroller, certifying
that the total gross compensation of such officer did not equal or exceed
the sum of twenty-five hundred dollars.

§ 14.1-160. The provisions of §§ 14.1-186 to 14.1-158 shall not
apply to any officer mentioned in § 14.1-137 whose total of all fees, allow-
ances, commissions, salary or other compensation or emolument of office
derived from the State or any political subdivision thereof, or from any
person or corporation, does not amount to as much as two thousand five
hundred dollars per calendar year for which the report is required, but
every such officer shall within fifteen days after the close of each anni-
versary of the beginning of the term of his office, file with the clerk of
the circuit court of the county or the clerk of the corporation or hustings
court of the city or the clerk of the circuit court of a city having no other
court of record, under oath, a statement of the total amount of fees, al-
lowances, commissions, salary or other compensation or emolument of
office derived from the State or any political subdivision thereof, or from
any person or corporation, received by him during the calendar year end-
ing December thirty-first next preceding, which affidavit shall remain
on file in the clerk’s office.

§ 14.1-161. All State funds collected by county and city treasurers
and clerks of courts shall be paid into the State treasury without deduc-
tion on account of their compensation or on account of expenses; and the
Comptroller shall promptly forward to such officers his warrants on the
State Treasurer for the compensation due them and the estimated amount
allowed them out of such funds for expenses.

§ 14.1-162. Subject to the approval of the State Compensation
Board, the council of any city may enter into contracts with officers
providing for salaries for the maximum amount allowed in §§ 14.1-143
and 14.1-156 and for the city’s pro rata part of the expense of the office
approved by the State Compensation Board, in lieu of fees and commis-
sions prescribed by law for services performed for the city and such con-
tracts may relieve the officer from collecting such fees and commissions.
In the event such contract is entered into and approved by the State
Compensation Board the officer and the city shall not be liable to the
State for the failure of such officer to collect fees and commissions pre-
scribed by law for services rendered the city. A copy of every such contract,
ee by the clerk of the city council, shall be filed with the Comp-

oller.

§ 14.1-163. Any officer failing to comply with the duties imposed
upon him by the provisions of §§ 14.1-186 to 14.1-162 shall forfeit to
the Commonwealth not less than twenty-five dollars nor more than five
hundred dollars for each such failure, such forfeiture to be enforced by
ae irene court of the city of Richmond at the instance of the Attorney

eneral.

§ 14.1-164. The governing body of every county is empowered to
determine what annual allowances, payable out of the county treasury, shall
be made to the county clerk of such county so that, in counties having a
population less than ten thousand, the allowance to the county clerk shall
not be less than three hundred nor more than six hundred, dollars; in
counties having ten, and less than fifteen, thousand, not less than four
hundred, nor more than seven hundred, dollars; in counties having fif-
teen, and less than twenty, thousand, not less than five hundred, nor more
than eight hundred, dollars; in counties having twenty, and less than thirty,
thousand, not less than six hundred, nor more than nine hundred, dollars;
in counties having thirty, and less than forty, thousand, not less than seven
hundred, nor more than one thousand, dollars; in counties having forty,
but not more than fifty, thousand, not less than one thousand, nor more
than fifteen hundred, dollars; and in counties having over fifty thousand,
not less than twelve hundred, nor more than fifteen hundred, dollars; pro-
vided that the minimum and maximum amounts of the annual allowances
to the clerks in the following named counties shall be the amounts in dol-
lars immediately following the names of the counties, to-wit: Accomack:
one thousand-fifteen hundred; Albemarle: twelve hundred-fifteen hun-
dred; Arlington: maximum one thousand; Alleghany: seven hundred-fif-
teen hundred; Amelia: six hundred-eighteen hundred; Appomattox: one
thousand-fifteen hundred; Amherst: twelve hundred-two thousand; Bath:
seven hundred fifty-seventeen hundred fifty; Bedford: seven hundred-
twelve hundred; Bland: four hundred-eight hundred; Botetourt: fifteen
hundred-twenty-five hundred; Brunswick: one thousand-fifteen hundred;
Buchanan: one thousand-fifteen hundred; Buckingham: one thousand-
fifteen hundred; Campbell: one thousand-fourteen hundred; Caroline:
eight hundred-two thousand; Carroll: seven hundred-twelve hundred;
Charlotte: seven hundred-two thousand; Charles City: six hundred-fifteen
hundred; Chesterfield: one thousand-fifteen hundred; Clarke: five hun-
dred-eight hundred; Craig: five hundred-twelve hundred; Culpeper: eight
hundred-eighteen hundred; Cumberland: eight hundred-fifteen hundred;
Dickenson: one thousand-fifteen hundred; Dinwiddie: six hundred-twelve
hundred; Essex: one thousand-two thousand; Franklin: maximum twelve
hundred; Fairfax: one thousand-two thousand; Fauquier: one thousand-
fifteen hundred; Floyd: three hundred-eight hundred; Fluvanna: five
hundred-fifteen hundred; Frederick: seven hundred-one thousand; Gray-
son: eight hundred-twelve hundred; Greene: five hundred-fifteen hundred ;
Greensville: eight hundred-twelve hundred; Giles: seven hundred-twelve
hundred; Gloucester: seven hundred fifty-twenty-two hundred; Gooch-
land: five hundred-fifteen hundred; Hanover: eight hundred-two thou-
sand; Halifax: fifteen hundred-twenty-five hundred; Henrico: nine hun-
dred-eighteen hundred; Henry: seven hundred-fifteen hundred; Highland:
seven hundred fifty-twelve hundred fifty ; Isle of Wight: maximum fifteen
hundred; James City: eight hundred-fifteen hundred; King and Queen:
one thousand-two thousand; King George: seven hundred-fifteen hundred;
King William: seven hundred fifty-two thousand; Lancaster: minimum
nine hundred; Lee: twelve hundred-fifteen hundred; Loudoun: twelve
hundred-sixteen hundred; Lunenburg: six hundred-one thousand; Louisa:
seven hundred-twelve hundred; Madison: twelve hundred-two thousand;
Mathews: eleven hundred-twenty-two hundred; Mecklenburg: twelve hun-
dred-eighteen hundred; Middlesex: one thousand-twenty-two hundred;
Montgomery: seven hundred-twelve hundred; Nansemond: fifteen hun-
dred-twenty-five hundred; Nelson: five hundred-twelve hundred; New
Kent: six hundred-fifteen hundred; Northumberland: seven hundred-fif-
teen hundred; Northampton: eight hundred-twelve hundred; Nottoway:
six hundred-fifteen hundred; Orange: twelve hundred-two thousand; Page:
twelve hundred-fifteen hundred; Patrick: seven hundred-twelve hundred;
Pittsylvania: eight hundred-one thousand; Powhatan: seven hundred-
twelve hundred; Prince Edward: eight hundred-fifteen hundred; Prince
George: one thousand-fifteen hundred; Prince William: one thousand-fif-
teen hundred; Pulaski: seven hundred-twelve hundred; Tappahannock:
eight hundred-fifteen hundred; Richmond: minimum seven hundred:
Roanoke: seven hundred-twelve hundred; Rockbridge: seven hundred-
fifteen hundred; Rockingham: one thousand-eighteen hundred; Russell:
one thousand-fifteen hundred; Scott: one thousand-fifteen hundred;
Smyth: twelve hundred-fifteen hundred; Sussex: eight hundred-twelve
hundred; Spotsylvania: fifteen hundred-two thousand; Surry: one thou-
sand-fifteen hundred; Stafford: one thousand-twelve hundred; South-
ampton: nine hundred-twenty-five hundred; Tazewell: one thousand-fif-
teen hundred; Warren: twelve hundred-fifteen hundred; Washington: one
thousand-fifteen hundred; Wise: eighteen hundred-twenty-four hundred:
Westmoreland: seven hundred-fifteen hundred; Wythe: seven hundred-
twelve hundred; York: eight hundred-fifteen hundred.

Provided, further, that none of the provisions of this section shall
apply to any county operating under any form of county organization and
government provided for in §§ 15.1-669 to 15.1-721.

§ 14.1-165. The council of any city of the first class, having over
forty thousand population and a separate clerk for the circuit court, may
allow to the clerk of such court such sums, not exceeding the sum of twelve
hundred dollars per annum, payable out of the treasury of the city as may
be approved by such council.

§ 14.1-166. The governing body of any county having a population
of less than twenty-five thousand may contribute from funds derived
from the general county levy such sum or sums as, in its discretion, it
deems proper towards the salary or compensation of the deputy clerk of
the circuit court of the county.

§ 14.1-167. The governing body of any county having a population
of less than twenty-three thousand may contribute from funds derived
from the general county levy such sum or sums as, in its discretion, it
deems proper towards the salary or compensation of the deputy clerk
and other employees of the circuit court of the county.
§ 14.1-168. Every officer to whom §§ 14.1-31, 14.1-105, 14.1-112,
14.1-113, 14.1-120, 14.1-127, 14.1-133 to 14.1-185 apply shall keep a fee
book, wherein shall be entered the fees for every service performed by him
and the fact of such fees being paid, or of a bill being made out therefor,
whichever shall happen first. The fee books of a clerk shall be submitted
to the inspection of the commissioners appointed to examine the clerk’s
office.

§ 14.1-169. No person shall be compelled to pay any fees before men-
tioned for services already performed until there be produced to him a
fee bill signed by the officer to whom the fees are due, expressing the par-
ticulars for which such fees are charged; nor shall such officer be com-
pelled to perform any service unless his fees, if demanded, be paid or
tendered or otherwise satisfactorily secured him, except in criminal cases
and in the case of persons suing as provided by § 14.1-183, or unless per-
formance of such services be directed by a court. And when bills are
made out for services to be performed there shall be mentioned the nature
of the service and the fact that it is to be performed.

§ 14.1-170. No officer shall for any service make out a fee bill for
more than is allowed therefor or charge full fees to more than one party
for the same service, but in such case the payment of the fees by any
party shall be a satisfaction for such service.

§ 14.1-171. If any officer violate any of the provisions of the two
preceding sections he shall forfeit five dollars to any person prosecuting
therefor. The circuit court of a county or the circuit or city court of a
city in which an officer resides may, on motion after reasonable notice
to him, quash any fee bill made out by him contrary to law.

§ 14.1-172. When a clerk dies, his successor shall charge, in the fee
books of the clerk’s office, such lawful fees as do not appear to have been
charged therein for services performed by the decedent and make out
fee bills for such fees and also for any fees charged on such books by
the decedent for which he does not appear to have made out fee bills in
his lifetime; except that such of these as appear to the successor to be
for more than is allowed by law shall be reduced by him so far as, in his
judgment, is necessary to make them legal.

§ 14.1-173. The fee bills made out under the preceding section shall
show on their face that they are for fees due the decedent and shall be
signed by his successor and delivered to the personal representative of
such decedent as soon as practicable. Such successor shall receive for his
services under this and the preceding section such compensation as the
court, whereof he is clerk, shall adjudge to be reasonable, which shall be
paid by the personal representative or by the officer who may collect such
fee bills, out of the first proceeds of such collection.

§ 14.1-174. Any officer mentioned in this chapter or personal rep-
resentative of a deceased clerk may deliver fee bills duly signed within two
years from the time such fee bills became due to any sheriff in any magis-
terial district or high constable of any city, who shall receive and endeavor
to collect the same. Such sheriff or high constable may distrain for such
fee bills, and the sheriff for any fee bills due to him, such property of the
person to whom the fee bills are charged as might be levied on under a
writ of fieri facias against him, and §§ 58-1010 to 58-1012 shall apply
to such fee bills in like manner as to taxes.

§ 14.1-175. Every sheriff or high constable to whom such fee bills
are so delivered shall, within twelve months after such delivery, account
therefor with the officer or personal representative entitled thereto by
returning such as he may not have collected, with an endorsement thereon
that the person charged with the fees has no estate in his county or corpor-
ation out of which the same could be made and by paying to such officer
or personal representative the amount of all not so returned, deducting a
commission for himself of ten per centum on such amount. If he fails so
to do, judgment may be obtained on motion against him and his sureties
or his and their personal representatives or, if he be a sheriff, against
any deputy who may have signed the receipt for the fee bills and his
sureties or his and their personal representatives for the amount with
which such sheriff or high constable is chargeable and damages thereon
not exceeding fifteen per centum per annum from the expiration of such
period of twelve months. Such judgment may be, on motion, after notice,
in the circuit court of the county or the circuit or city court of the city
wherein such sheriff or high constable resides.

§ 14.1-176. No fee bill shall be collected by distress, warrant or suit
after five years from the end of the year in which the service was per-
formed that is charged therein, unless within five years before the insti-
tution of such proceedings it was returned by an officer, with such en-
dorsement thereon, properly dated, as is mentioned in the preceding sec-
tion; and, after five years from the date of such endorsement first made,
no fee bill shall be collected by distress, warrant or suit.

CHAPTER 3.
Costs Generally
§§ 14.1-177 through 14.1-201

§ 14.1-177. The laws of costs shall not be interpreted as penal laws;
nor shall anything in this chapter take away or abridge the discretion of a
court of equity over the subject of costs, except as provided in § 14.1-181.

§ 14.1-178. Except when it is otherwise provided, the party for whom
final judgment is given in an action or motion, whether he be plaintiff or
defendant, shall recover his costs against the opposite party; and when
the action is against two or more and there is a judgment for, or discon-
tinuance as to, some, but not all of the defendants, unless the court enter
of record that there was reasonable cause for making defendants those
for whom there is such judgment, or as to whom there is such discon-
tinuance and shall order otherwise, they shall recover their costs.

§ 14.1-179. In any personal action not on contract, if a verdict be
found for the plaintiff, on an issue or otherwise, for less damages than
ten dollars, he shall not recover in respect to such verdict any costs, unless
the court enter of record that the object of the action was to try a right,
besides the mere right to recover damages for the trespass or grievance
in respect to which the action was brought, or that the trespass or grie-
vance was wilful or malicious.

§ 14.1-180. When a suit is in the name of one person for the benefit
of any other, if there be judgment for the defendant’s costs, it shall be
against such other.

8 14.1-181. In every case in the Supreme Court of Appeals, costs
shall be recovered in such court by the party substantially prevailing.

§ 14.1-182. Any party in whose favor costs are allowed in the Su-
preme Court of Appeals shall have taxed as part of the cost the actual cost
of printing his brief, if a brief was filed by him, not to exceed one hundred
and twenty dollars.

§ 14.1-1838. Any person who, on account of his poverty is unable to
pay fees or costs may be allowed by a court to sue or defend a suit therein,
without paying fees or costs; whereupon he shall have, from any counsel
whom the court may assign him, and from all officers, all needful services
and process, without any fees to them therefor, except what may be in-
cluded in the costs recovered from the opposite party.
§ 14.1-184. When a judge of the circuit court of a county or city
or a corporation or hustings court of a city appoints an attorney to defend
& poor person charged with an offense that may be punishable by death,
or by confinement in the penitentiary for a period of more than ten years,
he may direct that not to exceed one hundred fifty dollars shall be paid
out by the Commonwealth to the attorney so appointed to defend such
person as compensation for such defense, and when such person is charged
with the commission of a felony other than those mentioned the court may
in its discretion direct the payment of a sum not to exceed fifty dollars
payable as aforesaid. When such direction is entered upon the order book
of the court, the Commonwealth shall provide for the payment out of its
treasury of the sum of money so specified. If the defendant is convicted,
the amount allowed by the court to the attorney appointed to defend him
shall be taxed against the defendant as a part of the costs of the prosecu-
tion, and if collected, the same shall be paid to the Commonwealth. An
abstract of such costs shall be docketed in the judgment docket and exe-
cution lien book maintained by such court.

§ 14.1-185. In any suit or action, except when such poor person is
plaintiff, there may be a suggestion on the record in court, or, if the case
be at rules, on the rule docket, by a defendant, or any officer of the court,
that the plaintiff is not a resident of this State and the security is re-
quired of him. After sixty days from such suggestion, the suit or action
shall, by order of the court, be dismissed, unless, before the dismission, the
plaintiff be proved to be a resident of the State or security be given before
the court, or the clerk thereof, for the payment of the costs and damages
in the court in which the suit or action is instituted which may be awarded
to the defendant, and of the fees due, or to become due, in such suit or action
to the officers of the court. The security shall be by bond, payable to the
Commonwealth, but there need only be one obligor therein, if he be suffi-
cient and a resident of the State. The court before whom, or before whose
clerk, such bond is given, may, on motion by a defendant or officer, give
judgment for so much as he is entitled to by virtue of such bond.

§ 14.1-186. On the motion of an obligor in such bond, after reason-
able notice to the plaintiff, his attorney at law or agent, the eourt may
order bond to be given, with sufficient surety, in a penalty equal to the
penalty of the former bond, payable to the applicant and with condition
to indemnify and save harmless the applicant against all loss or damage, in
consequence of executing the former bond. If the bond required under
this section be not given within such time as the court may prescribe, it
may order the suit to be dismissed.

§ 14.1-187. Upon any motion, other than for a judgment for money,
or upon any interlocutory order or proceeding, the court may give or
refuse costs, at its discretion, unless it be otherwise provided. It may,
when a demurrer is sustained to a plea in abatement, give judgment for
the plaintiff for his full costs, to the time of sustaining it, an attorney’s
fee only excepted; and when any other part of the pleading is adjudged
insufficient, order all costs occasioned by such insufficient pleading to be
paid by him who committed the fault.

§ 14.1-188. The party to whom a new trial is granted shall, prior
to such new trial, pay the costs of the former trial, unless the court enter
that the new trial is granted for misconduct of the opposite party, who, in
such case, may be ordered to pay any costs which seem to the court reas-
onable. Such costs shall include the allowances to witnesses as provided
in § 14.1-190. If the party who is to pay the costs of the former trial
fail to pay the same at or before the next term after the new trial is
granted, the court may, on the motion of the opposite party, set aside
the order granting it, and proceed to judgment on the verdict or award
execution for the costs, as may seem to it best.
§ 14.1-189. All witnesses summoned for the Commonwealth shall be
entitled to receive for each day’s attendance one dollar, all necessary fer-
riage and tolls, and seven cents per mile over five miles going and re-
turning to the place of trial or before a grand jury. All allowances to
witnesses summoned on behalf of the Commonwealth shall be paid by the
treasurer of the county or corporation in which the trial is had or in which
the grand jury is summoned and the amount so paid by such treasurer
shall be refunded to him out of the State treasury, on a certificate of the
clerk of the court in which the trial was had or before which the grand
jury was summoned.

§ 14.1-190. A person attending as a witness under a summons not
covered by § 14.1-189, whether he be a witness from within or without
the State, shall have one dollar for each day’s attendance and seven cents
per mile for each mile beyond ten miles necessarily travelled to the place
of attendance and the same for returning, besides the tolls at the bridges
and ferries which he crosses or turnpike gates he may pass. On his oath
an entry of the sum he is entitled to and for what and by what party it is
to be paid shall be made: (1) When the attendance is before either house
or a committee of the General Assembly by the clerk of such house or
committee and (2) in other cases by the clerk of the court in which the
case is or the person before whom the witness attended except that when
the attendance was on behalf of the Commonwealth before a court the
entry shall be made upon the minutes of the court in which the case is or to
whose clerk the certificates mentioned in § 19.1-335 are transmitted. A wit-
ness from without the State in any civil action may be allowed the same mile-
age and attendance fee as any other witness in any such action; provided,
that no such sums for attendance and mileage shall be allowed a witness
from without the State, in any civil action, unless the judge of the court
shall determine and certify such witness to be a material witness in the
matter for which he appeared; and the court may allow such mileage and
attendance fee or any portion thereof as the court may determine to be
reasonable under the circumstances of the case. A witness summoned to
attend in several cases may have the entry made against either of the
parties by whom he is summoned, but no witness shall be allowed for his
attendance in more than one case at the same time.

§ 14.1-191. The sum to which a witness is entitled shall be paid out
of the State treasury in any case of attendance before either house or a
committee of the General Assembly and in any other case in which the
attendance is for the Commonwealth except when it is otherwise specially
provided. In all other cases it shall be paid by the party for whom the
summons issued. The payment shall be on a certificate of the person
required by the preceding section to make the entry or the clerk of the
court in whose minutes the entry is made. The certificate shall express
by letters and not by figures the separate amount to which the witness is
entitled for his attendance, travelling, and tolls and ferriages which he
may have to pay and the aggregate thereof. No clerk or other person
authorized to make such entry or give such certificate shall become inter-
ested by purchase in any claim payable out of the State treasury which
by law he is authorized to certify.

§ 14.1-192. Such clerks shall, immediately after the adjournment
of any court, make out two lists of all entries made on behalf of witnesses
attending for the Commonwealth, and certify one to the Comptroller and
the other to the county or city treasurer, to which lists shall be attached
a certificate to the correctness of the allowances therein and the aggregate
amount thereof signed by the judge of the court and the clerk. Any dispute
before or after issuing the certificate between the witness and the party
against whom his claim is made as to its justice or amount may when the
case is in a court be determined by such court. The Comptroller shall pre-
serve in his office all such lists which shall be forwarded to him. He shall
not issue a warrant for any claim allowed by a court to a witness unless
it appears upon the list certified as herein provided, and upon the pay-
ment of any such claim the date of payment shall be noted on such list.

§ 14.1-193. No payment out of the State treasury shall be made to
witnesses unless their claims are presented within two years from the
time of rendering the service.

§ 14.1-194. The court may restrict the taxation in the costs for
witnesses to so many as may be deemed just. No entry for a witness
shall be made against a party recovering costs, after execution has issued
for such party; and in no case shall there be an entry of a witness for at-
tendance at a term, after sixty days from the end of such term.

§ 14.1-195. Not more than the maximum number of witnesses pro-
vided for herein shall be paid out of the State treasury in criminal cases:

The maximum number that may be recognized by any justice of the
peace to go before the grand jury in any one case — three.

The maximum number that may be caused to be summoned by a
Commonwealth’s attorney in any one case to go before a grand jury — five.

The maximum number that may be used before a court not of record in
the trial of any criminal case — five.

The maximum number that may be caused to be summoned by a Com-
monwealth’s attorney for the trial of any criminal case — ten.

Provided, that nothing herein shall be construed to limit the number
of witnesses that may be authorized by any court or the judge thereof
in vacation to be used when the necessity for additional witnesses is made
to appear to the court or the judge thereof and the consent of the court
or the judge thereof in vacation is first obtained, or to limit the number
of witnesses that a grand jury may of its own motion cause to be
summoned.

§ 14.1-196. The clerk of the court wherein any party recovers costs
shall tax the same. He shall include therein for the fee of such party’s
attorney, if he has one:

(1) Inacase of the Commonwealth, if no higher fee be allowed $ 5.00

(2) In a chancery cause other than a motion, when the matter in
controversy exceeds one hundred dollars in amount or value ............ 15.00

(3) In the Supreme Court of Appeals ...........cccccccccssscssccsssssseseees 50.00

But in no case shall more than one fee be taxed against the sam
party, unless the court otherwise direct.

§ 14.1-197. Although the party recovering may have had more-than
one attorney, only the fees of one shall be taxed in the same court.

§ 14.1-198. The clerk shall tax in the costs all taxes on process, and
all fees of officers which the party appears to be chargeable with in the
case wherein the recovery is, except that when in any court, on the same
side, more than one copy of anything is obtained or taken out, there shall
be taxed only the fee for one copy of the same thing. He shall also tax the
costs of executing any order of publication made in the case for such party
and of any advertisement from him in the case, made in pursuance of law,
allowing the amount charged by the publisher, provided such publisher
shall file with his certificate of publication or account a printed copy of his
fixed rates of advertising, and his charge shall not exceed them; fifty cents
for each legal notice from him therein, which is served in this State, and
not otherwise taxed; and the allowances to his witnesses, and every further
sum which the court may deem reasonable and direct to be taxed for de-
positions taken out of the State, or for any other matter.

§ 14.1-199. In case of any attachment or any levy pursuant to a judg-
ment, where the attaching or judgment creditor is required to give bond to
indemnify and save harmless the officer executing such attachment or levy,
the clerk shall tax in the costs of the proceeding wherein such attachment
is had or judgment is entered the reasonable cost of such bond, such costs
to be recovered as provided in § 14.1-178.

§ 14.1-200. In a case wherein there is judgment or decree on behalf
of the Commonwealth for costs, there shall be taxed in the costs the charge
actually incurred to give any notice, although it be more than fifty cents;
and the fees of attorneys and other officers for services, and allowances
for attendance, as if such fees and allowances were payable out of the
State treasury. What is so taxed for fees of, or allowance to, any person,
shall be paid by the sheriff or officer who may receive such costs into the
State treasury.

§ 14.1-201. In no case, civil or criminal, except when otherwise
specially provided, shall there be a judgment for costs against the Common-
wealth.

3. It is the intention of the General Assembly that this act shall be
liberally construed to effect the purposes set out herein, and if any clause,
sentence, paragraph or section of this act shall ever be declared unconsti-
tutional, it shall be deemed severable, and the remainder of this act shall
continue in full force and effect.

4. This act shall become effective July 1, 1964.