Chap. 350.—An ACT to amend and re-enact Section 3484 of the Code of
Virginia, as amended, in relation to fees of clerks of courts. [H B 341]

Approved March 31, 1938

1. Beit enacted by the General Assembly of Virginia, That section
thirty- four hundred and eighty-four of the Code of Virginia, as
amended, be amended and re-enacted so as to read as follows:

Section 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 prooi
of acknowledgments, entering orders, endorsing clerk’s certificate, and
where required, embracing it in list for commissioners of the revenue,
fifty cents. 7 os

_ (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
provided for, for every twenty words, three cents. ,

(5) In lieu 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 is a conveyance
of real or personal estate, one dollar. oe

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 is ad-
mitted 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 appraisement,
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 such
order for representative, entering and copying orders of appraisement,
and including case in said list, two dollars, ! cs

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

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

(11) For making out an injunction bond, administering all nec-
essary oaths, writing proper affidavits, making out release of errors,
copying the same, and endorsing on the summons that ‘such bond and
release are filed, one dollar and fifty cents. | _

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

(13) For issuing a writ in the nature of an ad quod dammum,
fifty cents. OS ae ,
— (14) On receiving a copy of a caveat, for entering such copy,
twenty-five cents. | a

(15) For issuing a summons to answer a bill, or in any common

law action, forty cents. — SO - Oo
(1514) For issuing each summons for witnesses, twenty-five cents.

(16) For each copy of any process which goes out of the office
(with such process) to be used in serving it, one-half of the fee for
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 of
such postage; for entering in any suit, or in a motion for judgment for
money, all the attorneys for each party, or the appearance in proper
person of a party having no attorney who so appears, ten cents. |

(18) For endorsing and filing each petition, declaration, bill,
answer or other written pleading, each bill of exceptions, demurrer
to 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 is not
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 no
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 af the defendants, for
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 rule or order
for the same (if sent out therewith), and recording the returns thereof
where proper to do so, fifty cents.

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

(24) For all the rules entered in any case on the same side, at
any rules, where anything 1s done on such side, at said rules, besides
entering or filing a pleading or continuing the case, fifty cents.

(25) Where no proceedings are had in a case during any rules
except to continue it, the fees shall be at the rate of twenty-five cents
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 by
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, thirty
cents. ei

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

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

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

(32) For entering satisfaction on any judgment, twenty-five cents.
(33) For taxing costs in any case on one side, twenty-five cents.

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

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

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

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

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

(39) For any copy to go out of the office if it be not otherwise
provided for, for every twenty words, three cents, or in lieu thereof,
if the clerk elect, a specific fee of twenty-five cents.

(40) For annexing the seal of the court to any paper, writing the
certificate of the clerk accompanying it, and writing certificate of the
judge, if the clerk be requested so to do, fifty cents.

(41) For making statement, calculating interest, receiving pay-
ment of taxes on any tract of land returned delinquent for first three
years, fifty cents. , : ,

And for each additional year, ten cents.

(42) For each tract of land entered in the delinquent land book,
to be paid out of the treasury of the county, or city, as the case may be.
such an amount as may be prescribed by the board of supervisors ot
other governing body of the county, or the council or other governing
body of the city, not to exceed the sum of ten cents for each tract of
land so entered in said delinquent land book.

(43) For any other writ not hereinbefore provided for, fifty cents
- (44) For making out the bond upon issuing any such writ, ad-
ministering necessary “oaths, and writing paoper affidavits, seventy-five
cents.

(45) Upon any such writ, for endorsing same and filing the peti-
tion therefor or when the writ is returned, for filing it, with the return
thereon, twenty cents.

(46) | For filing the record upon an appeal or on such writ, Earn
cents.

(47) When the clerk of the court of appeals issues process on an
appeal, writ of error, or supersedeas, for making out the bond, ad-
ministering necessary oaths, writing proper affidavits, and endorsing
on the process a certificate ‘of the execution of the bond, and of the
names. 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 every
twenty words entered on the rule book when it is first docketed, this fee
for docketing to be charged but once, except that when any case, either

at law or in equity is on the court docket, if at any term it be left
undecided, without an order of continuance, there shall be a fee for
putting it on the docket at the next term of, twenty-five cents.

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

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

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

(93) For reporting marriage licenses under section fifty hundred
and ninety-six, to be paid out of the State treasury, for each marriage
reported, ten cents.

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

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