Chap. 416.—An ACT to amend and re-enact Section 3487 of the Code of Vir-
gima, as heretofore amended, relating to fees of sheriffs, sergeants, criers
coroners and constables. [H B 214]

Approved April 1, 1938

1. Be it enacted by the General Assembly of Virginia, That sectior
thirty-four hundred and eighty-seven of the Code of Virginia, as here-
tofore amended, be amended and re-enacted so as to read as follows

Section 3487. First: The fees of sheriffs, sergeants, criers
coroners and constables shall be as follows: |

Second: For service on any person, firm or corporation, a declara.
tion in ejectment, order, notice, summons, or any other civil process
except as hereinafter otherwise provided, and for serving on any person
firm, or corporation any other process when the body is not taken,
and making return thereof, the sum of seventy-five cents; except that
in cities having a population of more than thirty thousand, according
to the last preceding United States census, the fee for such service
shall be fifty cents ; and except where service of the foregoing is directed
to more than three defendants, or witnesses, a fee of fifty cents shall
be charged for said service on each additional defendant or witness in
excess of the number of three. ,

Third: For summoning a witness or garnishee on an attachment
seventy-five cents; except that in cities having a population of more
than thirty thousand, according to the last preceding United States
census, the fee for such service shall be fifty cents; and except where
service of the foregoing is directed to more than one witness or gar-
nishee, in which event a fee of fifty cents shall be charged for each
additional witness or garnishee in excess of the number of one.

Fourth: For serving on any person an attachment or other process
under which the body is taken, and making a return thereon one dollar.

Fifth: For summoning any witness to appear before any coroner’s
inquest, a fee of fifty cents.

Sixth: For attendance at any coroner’s inquest two dollars.

Seventh: For receiving persons in jail twenty-five cents.

Eighth: For discharging a person from jail twenty-five cents.

Ninth: For carrying a prisoner to or from jail, and every mile
of necessary travel an amount equivalent to the necessary toll and
ferry charges incurred by the officer,*if any, and five cents per mile,
which shall be charged and taxed as a part of the court costs. _

Tenth: For removing a person by virtue of a warrant issued
under chapter one hundred and eleven by a justice, or one of the
overseers of the poor (to be charged to said overseer) and every mile
of necessary travel either going or returning, five cents.

Eleventh: For taking any bond, one dollar. | .

Twelfth: When a petit jury is sworn in court, for swearing and
impaneling each such jury, one dollar and fifty cents. ,

Thirteenth: For serving any order of court not otherwise pro-
vided for seventy-five cents. e

Fourteenth: For serving a writ of possession one dollar and fifty
cents.

Fifteenth: For keeping and supporting any person confined in
jail, the same fees as are provided for in section thirty-five hundred
and ten and all acts amendatory thereof.

Sixteenth: For keeping and supporting any horse or mule dis-
trained or levied on for each day when stall fed, eighty cents.

Seventeenth: and for each day when pastured twenty-five cents.

Eighteenth: For every hog or head of cattle per day fifteen cents.

Nineteenth: For every sheep or goat per day ten cents.
Twentieth: For levying an execution or distress warrant or an
attachment one dollar and fifty cents. a

Provided that nothing hereinabove contained shall be construed
to in anywise alter or amend section thirty-five hundred and seventeen
of the Code of Virginia. :

The circuit court of any county, or the corporation court may, at
any time, fix or alter the rates to be thenceforth paid in such county
or corporation for keeping and supporting any person in jail, or any
horse or livestock, but the rates so fixed or altered shall never exceed
those hereinbefore mentioned. The officer shall be paid any necessary
expense incurred by him in keeping property not before mentioned
or in removing any property; and when, after distraining or levying
on tangible property he neither sells nor receives payment, and either
takes no forthcoming bond, or takes one which is not forfeited, he
shall, if 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 the said half.

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 said
money; but such commission shall not be received unless the bond
is forfeited or paid (including the commission) to the plaintiffs, and
of whatever interest accrue on such bond, or the execution of judgment
thereon, the officer shall be entitled to his proportionable share thereof
on account of his fees included in such bond. An officer receiving pay-
ment 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 execution on a
forthcoming bond, his commission shall only be half what it would be
if the execution were not on such bond.

In cities of one hundred thousand inhabitants 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 of levy is, and two per centum on the
residue of said money; but such commission shall not be received
unless the bond is forfeited or paid (including the commission) to the
plaintiffs, and whatever interest may accrue on such bonds, or the
execution of judgment thereon, the officer shall be entitled to his pro-
portionable share thereof, on account of his fees included in said sale.
An officer 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
ona forthcoming bond his commission shall only be half what it:
would be if the execution were not on such bond. :