CHAPTER 340

AN ACT to amend and reenact § 14-123 of the Code of 1950 relat-
ing to fees charged by clerks of courts.
[S 144]

Approved April 5, 1950

Be it enacted by the General Assembly of Virginia:

1. That § 14-123 of the Code of 1950 be amended and reenacted
as follows:

§ 14-123. Clerks of circuit and other courts—A clerk of a
circuit or other court of record may, for services performed by
virtue of his office, charge the following fees, to wit:

(1) When a writing is admitted to record under chapter 2 of
Title 17, or chapter 5 or chapter 6 of Title 55, for everything relat-
ing to it, except the recording in the proper book, to wit: for re-
ceiving proof of acknowledgments, entering orders, endorsing clerk’s
certificate, and when required, embracing it in list for the com-
missioner of the revenue, fifty cents.

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

(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 such allowance of three cents for every twenty
words the clerk may elect to charge a minimum fee of one dollar
and fifty cents.

(6) For appointing and qualifying any personal representa-
tive, committee, trustee, guardian, or other fiduciary, * in addition
to any fees for recording allowed by this section, seven dollars and
fifty cents, except that for appointing and qualifying any *
fiduciary when the estate is of a value of one hundred dollars or
less no charge shall be made; and when the estate is of a value of
over one hundred dollars and does not exceed five hundred dollars,
the total fee shall be four dollars.

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

(8) For issuing a marriage license, attaching certificate, ad-
ministering or receiving all necessary oaths or affidavits, indexing
and recording, two dollars.

(9) For making out an injunction bond, administering all
necessary 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.
(10) For making out any other bond, administering all neces-
sary oaths and writing proper affidavits, seventy-five cents.

(11) For issuing a writ in the nature of an ad quod damnum,
fifty cents.

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

(18) For issuing a summons to answer a bill or in any com-
mon law action, forty cents.

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

(15) 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.

(16) For noting in the process book any decree, order or pro-
cess, except 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 pro-
cess and putting in or taking out of the postoffice the same, double
the amount of such postage.

(18) 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.

(19) For endorsing and filing a petition, declaration, bill,
answer or other written pleading, a bill of exceptions, demurrer to
the evidence, special verdict or case agreed or a motion for judg-
ment, for money, set of depositions, or report of a commissioner
and for entering each plea, replication or other pleading which is
not written, twenty cents.

(20) For endorsing and filing an affidavit, written interroga-
tories, an answer or exceptions to a commissioners’ report, fifteen
cents.

(21) 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.

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

(23) For issuing an attachment, with a copy of the rule or
order for the same, if sent out therewith, and recording the returns
thereof when proper to do so, fifty cents.

(24) 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.

(25) For all the rules entered in any case on the same side, at
any rules, when anything is done on such side, at rules, besides
entering or filing a pleading or continuing the case, fifty cents.
(26) When no proceedings are had in a case during any rules
except to continue it, for every quarter of a year the case is so con-
tinued, and no more, twenty-five cents.

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

(28) When no jury is impanelled, if witnesses be examined by
the court, for swearing such witnesses for either party, seventy-five
cents.

(29) When a witness claims for his attendance, for administer-
ing an oath to him and entering and certifying such attendance,
thirty cents.

(30) For administering an oath not before provided for and
writing a certificate thereof when the case requires one, twenty-
five cents.

(31) For all judgments, decrees, orders and proceedings, ex-
cept 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 judg-
ments are entered therein or a specific fee of fifty cents.

(32) For docketing under chapter 18 of Title 8 a judgment,
decree, bond or recognizance, fifty cents.

(33) For entering satisfaction on any judgment, twenty-five
cents.

(34) For taxing costs in any case on one side, twenty-five cents.

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

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

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

(38) For making out the transcript of the record and proceed-
ings in any case, in due form, so that the same may be used in the
Supreme Court of Appeals, for every twenty words, three cents.

(39) 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.

(40) 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.

(41) For annexing the seal of the court to any paper, writing
the certificate of the clerk accompanying it and writing the certifi-
cate of the judge, if the clerk be requested so to do, fifty cents.
(42) For making a statement, calculating interest and receiv-
ing payment of taxes on any tract of land returned delinquent for
first three years, fifty cents.

And for each additional year, ten cents.

(43) For each tract of land entered in the delinquent land
book except under the provisions of § 58-984, 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 or other govern-
ing body of the county, or the council of the city, not to exceed the
sum of ten cents for each tract of land so entered in the delinquent
land book.

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

(45) For making out the bond upon issuing any such writ,
administering necessary oaths and writing proper affidavits, seventy-
five cents.

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

(47) For filing the record upon an appeal or on such writ,
twenty cents.

(48) When the clerk of the Supreme Court of Appeals issues
process on an appeal, writ of error or supersedeas, for making out
the bond, administering 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.

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

(50) 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 continu-
ance, there shall be a fee for putting it on the docket at the next
term of twenty-five cents.

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

(52) Unless the decision be by the Supreme 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.

(53) For taxing the damages to which a party may be entitled
by reason of an injunction, appeal, writ of error or supersedeas,
fifty cents.
(54) For reporting marriage licenses under § 20-35, to be paid
out of the State treasury, for each marriage reported, ten cents.

(55) For reporting divorces under § 20-123, to be paid out of
the State treasury, for each divorce reported, twenty-five cents.

(56) For services required of the clerk under §§ 58-1040 and
58-1068, 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.

(57) Upon conviction in felony cases, in lieu of any fees other-
wise allowed by this section the clerk shall charge the accused
ten dollars.

(58) Upon conviction in all other criminal cases, in lieu of
any fees otherwise allowed by this section the clerk shall charge
the accused five dollars.

(59) In all actions at law the clerk's fee chargeable to the
plaintiff shall be eight dollars and fifty cents to be paid by the
plaintiff at the time of instituting the action; this fee to be in lieu
of any other fee allowed by this section, except in action involving
not more than five hundred dollars the fee shall be five dollars
in lieu of any other fee.

(60) For the services required of them by § 17-54 the clerks
shall receive fees, payable out of their respective county and city
treasuries, as follows, viz.: For making and certifying a complete
list of officers, one dollar; for certifying a vacancy, twenty cents;
and for certifying an election or appointment and qualification to
fill a vacancy, twenty cents.