Chap. 482.—An ACT to amend and re-enact sections 3481 and 3507 of the
Code of Virginia. [H B 102)

Approved March 25, 1920.

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

Sec. 3481. Justices of the peace:

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

(2) For administering and certifying an oath, unless it be the
affidavit of a witness, or acknowledgment of bail, or issuing process
of attachment, twenty-five cents.

(3) For taking and certifying affidavits or depositions of wit-
nesses, where done in an hour, one dollar.

(4) If not done in an hour, for any additional time, at the rate
per hour of one dollar.

(5) For issuing any warrant in which the commonwealth is not
plaintiff, including the issuing of subpoenas, one dollar.
_ (6) For trying and giving judgments on such warrants, including
swearing witnesses, taxing costs and issuing executions, one dollar. '

(7) For each additional justice sitting in such a case, one dollar.

(8) For other services, a justice of the peace shall have the same
fees as the clerk of a circuit or city court for like services.

(9) When a justice attends a trial'and the case is continued to
another day, the justice shall be entitled to a fee of fifty cents to be
paid by the party asking for the continuance.

Sec. 3507. To a justice—For issuing warrant of arrest, one dol-
lar; for trying or examining a case of misdemeanor, two dollars; for
examining a charge of felony, two dollars; for admitting any person
to bail, one dollar to be taxed in the costs and paid by the defendant
if upon the trial he be found guilty; for issuing a search warrant.
one dollar, provided no justice shall issue more than one warrant
against a number of persons charging them separately with the same
offense.

The said fees shall be in full for all services rendered in each
case by a justice, but shall not be allowed or paid by the auditor of
public accounts 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 tral
had or examination made. The police justice of a city shall not be
entitled to receive out of the State treasury the fees provided in this
section, but every police justice shall be paid by the city for which
he is police justice. But if any such warrant of arrest for a misde-
meanor 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 justice or justices 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 justice or justices believe from the
evidence that said proceeding was procured by said prosecutor
through malice or without reasonable and probable cause.