Chap. 481. —An ACT to amend and re-enact section 3484 of the Code of Vir-
ginia in relation to the fees of the clerks of circuit, appellate and other
courts. [H B 217]

Approved March 25, 1920.

1. Be it enacted by the general assembly of Virginia, That section
three thousand, four hundred and eigtity-four of the Code of Virginia
be amended and re-enacted so as to read as follows:

Sec. 3484. Clerks of circuit, appellate and other courts.—(1)
Where a writing is admitted to record under chapters one hundred and
thirty-two, two hundred and ten and two hundred and eleven of the
Code of nineteen hundred and nineteen, for everything relating to it.
except the recording in the proper book, to-wit: for receiving proot
of acknowledgments, entering ofders, endorsing clerk’s certificate, and
where required, embracing it in list for commissioners of the revenue,
fifty cents.

(2) For recording a plat of not more than six courses or lines. or
for a copy thereof, fifty cents.

(3) For each other distinct line or course above six, five cents.

(4) For recording in the proper book such writing, and all matter
therewith (except plats), or for recording anything not otherwise pro-
vided for, for every twenty words, three cents.

(5) In leu of the said allowance of three cents for every twenty
words, the clerk may for recording in the proper book elect to charge
the following specific fees, to-wit:

Where the writing is a deed of trust, mortgage, or 1s a convevy-
ance of real or personal estate, one dollar.

For recording a will a specific fee of fifty cents, or in lieu thereof
three cents for every twenty words.

(6) For swearing witnesses and entering in the order book. or
minute book, each order in relation to the proof of a will which 1s
admitted to record without contest, and copying such orders on the
will, seventy-five cents.

(7) If there be an order committing decedent’s estate to an
officer, for entering and copying such order and the orders of ap-
praisement, fifty cents.

(8) If any personal representative qualify, for swearing him and
his surety, making out bond, entering and copying on the will the
order granting probate or administration, making one copy of suc!
order for representative, entering and copying orders of appraisement
and including case in said list, two dollars.

(9) For entering and copying an order granting a license an
issuing same to sell soft drinks, or any other license, other than ;
marriage license, or hunter’s license, and administering an oath wher
necessary, seventy-five cents.

(10) For issuing a marriage license, one dollar.

(11) For making out an injunction bond, administering all neces
sary oaths, writing proper affidavits, making out release of errors
copying the same, and endorsing on the summons that such bond an
release are filed, one dollars and fifty cents.

(12) For making out any other bond, administering all necessar:
oaths, and writing proper affidavits, seventy-five cents.

(13) For issuing a writ in the nature of an ad quod dammun
fifty cents.

(14) On receiving a copy of a caveat, for entering such copy
twenty-five cents.

(15) For issuing a summons to answer a bill, or in any commot
law action, forty cents.

(1514) For issuing each summons for witnesses, twenty-five cents

(16) For each cdpy of any process which goes out-of the offic
(with such process) to be used in serving it, one-half of the fee fo
issuing such process.

For noting in the process book any decree, order, or process (ex
cept a summons for a witness) and taking a receipt therefor, twenty
five cents.

(17) For postage paid by the clerk on a decree, order, or process
and putting in or taking out of postoffice same, double the amount o:
such postage; for entering in any suit, or in a motion for judgmen
for money, all the attorneys for each party, or the appearance 1n prope!
person of a party having no attorney who so appears, ten cents.

(18) For endorsing and filing each petition, declaration, bill, an
swer or other written pleading, each bill of exceptions, demurrer tc
evidence, special verdict, or case agreed, or of a motion for judgment
for money, each set of depositions, and each report of a commissioner
and for entering each plea, replication or other pleading, which i 1S no
written, twenty cents.

(19) For endorsing and filing an affidavit, written interrogatories
an answer, or the exceptions to a commissioner’s report, fifteen cents

(20) If papers be filed on the side of the plaintiff, for which ne
particular fee is allowed, a fee (not for each, but for the whole) of
twenty-five cents.

(21) So also if papers be filed on the side of the defendants. fo:
which no particular fee is allowed, a fee (not for each, but for the
whole) of, twenty-five cents.

(22) For issuing an attachment, with a copy of the rile or orde:
for the same (if sent out therewith), and recording the returns thereo
where proper to do so, fifty cents.
802 ACTS OF ASSEMBLY. [va.

(23) For issuing a scire facias and recording the return thereci.
or for issuing a commission to examine witnesses administering oatt.
when necessary as the foundation thereof, and writing affidavit, fifty
cents.

(24) For all the rules entered in any case on the same side. a
any rules, where anything is done on such side, at said rules, beside:
entering or filing a pleading or continuing the case, fifty cents.

(25) Where no proceedings are had in a case during any rule
except to continue it, the fees shall be at the rate of twenty-five cent:
for every quarter of a year the case is so continued, and no more
twenty-five cents.

(26) Where a jury is impanelled, if witnesses be examined by the
court, for swearing such jury and witnesses, seventy-five cents.

(27) Where no jury is impanelled, if witnesses be examined bi
the court, for swearing such witnesses for either party, twenty-five
cents.

(28) Where a witness claims for his attendance, for administer
ing an oath to him and entering and certifying such attendance, thirt:
cents.

(29) For administering an oath not before provided for, an
writing a certificate thereof, where the case requires one, twenty-hv
cents.

(30) For all judgments, decrees, orders and proceedings (excey
entries of pleading and matters otherwise provided for), which ar
entered on the same day, for the same persons, at the election of th
clerk, three cents for every twenty. words (actually written on th
minute or order book, or upon the rule book, when final judgments ar
entered therein) or a specific fee of fifty cents.

(31) For docketing under chapter two hundred and seventy-or
a judgment, decree, bond or recognizance, fifty cents.

(32) For entering satisfaction of any judgment, twenty-five cent

(33) For taxing costs in any case on one side, twenty-five cent

(34) And if the case has been pending more than a year, then fc
every additional year, ten cents.

(35) When an execution is returned by an officer, in a ca
wherein there is no appeal from the justices’ judgment, for filing tl
papers, ten cents.

(36) And if the clerk issue execution in the case, for such exec
tion, including the record of the return of said execution (if it be r
turned before another issue), fifty cents.

(37) For making out transcript of the record and proceedin;
in any case, in due form, so that the same may be used 1n an appella
court, for every twenty words, three cents.

(38) And for making out, in any other manner than copyin
any paper to go out of the office, which is not otherwise provided f
the same, or in lieu thereof, if the clerk elect, a specific fee of twent
five cents.

(39) For any copy to go out of the office if it be not othenw
provided for, for every twenty words, three cents, or in lieu there¢
if the clerk elect, a specific fee of twenty-five cents.
(40) For annexing the seal of the court to any paper, writin
he certificate of the clerk accompanying it, and writing certificate o
he judge, if the clerk be requested so to do, fifty cents.

(41) For making statement, calculating interest, receiving pay
nent of taxes on any tract of land returned delinquent for first thre
years, fifty cents. |

And for each additional year, ten cents.

(42) For each tract of land entered in the delinquent land book
o be paid out of the State treasury, ten cents.

(43) For any other writ not hereinbefore provided for, fifty cents

(44) For making out the bond upon issuing any such writ, ad
ninistering necessary oaths, and writing proper affidavits, seventy-fiv
ents.

(45) Upon any such writ, for endorsing same and filing th
etition therefor or when the writ is returned, for filing it, with th
eturn thereon, twenty cents..

(46) For filing the record upon an appeal or on such wort, twent:
ents.

(47) When the clerk of the court of appeals issues process o1
n appeal, writ of error, or supersedeas, for making out the bond
dministering necessary oaths, writing proper affidavits, and endorsin;
n the process a certificate of the execution of the bond, and of th
ames of the sureties therein, one dollar.

(48) For docketing any case, a fee of twenty-five cents.

(49) Or, if the clerk elect, in lieu thereof three cents for ever:
wenty words entered on the rule book when it is first docketed, thi
ee for docketing to be charged but once, except that when any case
ither at law or in equity is on the court docket, if at any term it b
ft undecided, without an order of continuance, there shall be a fee
or putting it on the docket at the next term of, twenty-five cents.

(50) After a decision by the circuit, corporation, or hustings cour
r courts of appeals, as an appellate court, for issuing an execution
aking entry thereof in the execution book, and recording the re
Irn, seventy-five cents.

(51) Unless the decision be by the court of appeals in a case
herein the first judgment or decree was in a circuit or city court
1 which case the fee shall be one dollar.

(52) For taxing the damages to which a party may be entitlec
y reason of an injunction, appeal, writ of error, or supersedeas, fifty
nts.

(53) For reporting marraige licenses under section fifty hundrec
id ninety-six, to be paid out of the State treasury, for each marriage
‘ported, ten cents.

(54) For reporting divorce under act approved March fifteenth
ineteen hundred and eighteen, to be paid out of the State treasury
yr each divorce reported, twenty-five cents.

(55) For services required of the clerk under section twenty-fou
undred and seventy-one and section twenty-four hundred and eighty:
ne of the Code, the clerk shall be entitled for each name on eacl
copy of the reports required to ve made by said sections, to be paid
out of the State treasury upon certification of the court, five cents.

2. All acts, and parts of acts, in conflict with this act are hereby
repealed.