Chap. 227.—An ACT to amend and re-enact Section 3487, as amended, of the Code
of Virginia relating to fees of sheriffs, sergeants, criers and constables.

[S B 141]
Approved March 25, 1946

Be it enacted by the General Assembly of Virginia:

1. That section thirty-four hundred eighty-seven, as amended, of
the Code of Virginia be amended and re-enacted, 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 sixty thousand but less than one hun-
dred ninety 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 de-
fendant 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
sixty thousand but less than one hundred ninety 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 garnishee, 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 provided
for seventy-five cents.
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 distrained
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.

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 thence forth 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 forth-
coming bond or takes one which 1s 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, ae
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 in-
terest 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 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 hun-
dred 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 1s, 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 judg-
ment thereon, the officer shall be entitled to his proportionable 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 on a forthcoming bond his
commission shall only be half what it would be if the execution were not
on such bond.