CHAPTER 146

An Act to amend and reenact § 14-123 of the Code of Virginia, as amend-
ed, relating to fees of clerks of court.
[S 243]

Approved February 28, 1952

Be it enacted by the General Assembly of Virginia:

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

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

(1) When a writing is admitted to record under Chap 2 of Title 17,
or Chap 5 or Chap 6 of Title 55, for everything relating to it, except
the recording in the proper book, to-wit: for receiving proof of acknow-
ledgments, entering orders, endorsing clerk’s certificate, and when re-
quired, embracing it in list for the commisioner 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 representative, com-
mittee, 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 li-
cense or hunter’s license, and administering an oath when necessary,
seventy-five cents.

(8) For issuing a marriage license, attaching certificate, administer-
ing or recelving 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 necessary

oaths and writing proper affidavits, seventy-five cents.
re For issuing a writ in the nature of an ad quod damnun,, 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 common 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 process,
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 process 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 judgment, for money, set of
depositions, or report of a commissioner and for entering each plea, repli-
cation or other pleading which is not written, twenty cents.

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

(21) If papers be filed on the side of the plaintiff for which no particu-
lar 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 ne-
cessary 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 continued, 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 administering 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, except en-
tries 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.

(32) For docketing under Chap 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.

(36) 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.

(88) For making out the transcript of the record and proceedings 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 pro-
vided 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 certificate of the
judge, if the clerk be requested so to do, fifty cents.

(42) For making a statement, calculating interest and 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.

(43) 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 or other gov-
erning 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, administer-
ing necessary oaths and writing proper affidavits, seventy-five cents.

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

al ) For filing the record upon an appeal or on such writ, twenty
cents.
(48) When the clerk of the Supreme Court of Appeals issues proces
on an appeal, writ of error or supersedeas, for making out the bond, ad
ministering necessary oaths, writing proper affidavits and endorsing 01
the process a certificate of the execution of the bond ana of the names o.
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 twent;
words entered on the rule book when it is first docketed, this fee for docket
ing to be charged but once, except that when any case, either at law o:
in equity, is on the court docket, if at any term it be left undecided, with
out an order of continuance, there shall be a fee for putting it on the docke
at the next term of twenty-five cents.

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

(52) Unless the decision be by the Supreme Court of Appeals in :
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 ou
of the State treasury, for each marriage reported, ten cents.

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

(56) For services required of the clerk under 8§ 58-1040 and 58-1068
the clerk shall be entitled for each name on each copy of the reports re
quired to be made by said sections, to be paid out of the State treasury upo1
certification of the court, five cents.

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

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

(59) In all actions at law the clerk’s fee chargeable to the plaintif
shall be eight dollars and fifty cents to be paid by the plaintiff at the tims
of instituting the action; this fee to be in lieu of any other fee allowed b;
this section, except in action involving not more than five hundred dollar:
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 re
ceive fees, payable out of their respective county and city treasuries, a:
follows, viz.: For making and certifying a complete list of officers, one
dollar; for certifying a vacancy, twenty cents; and for certifying an elec
tion or appointment and qualification to fill a vacancy, twenty cents.

CHAP 147

An Act to amend and reenact § 54-795 of the Code of Virginia, relatin,
to prohibited auction sales so as to permit sales by certain person.
under certain conditions.

[S 246

Approved February 28, 1952

Be it enacted by the General Assembly of Virginia:
1. That § 54-795 of the Code of Virginia be amended and reenacted a:
follows:

§ 54-795. Except as hereinafter provided, it shall be unlawful fo:
any person, firm or corporation to sell, dispose of or offer for. sale in the
State at public auction, or cause or permit to be sold, disposed of or
offered for sale at public auction in the State, any diamonds or any other
precious or semiprecious stones or imitations thereof, watches, clocks,
jewelry, gold, silver, or plated ware, china, glassware, art goods, rugs,
tapestries or leather goods, whether the same shall be their own property
or whether they sell the same as agents or employees of others; provided,
however, that this section shall not apply to judicial sales or sales by
any executor, administrator, or trustee under deed of assignment; nor to
sales by or in behalf of licensed pawn-brokers in the manner prescribed
by law. * It shall be lawful for any person, firm or corporation that has
been continuously in business in the same city, town or county in this
State as a retail or wholesale merchant at a regularly established place of
business for the two years next preceding the sale, and dealing in such
articles, to sell at public auction the stock on hand of such articles, provided
that such person, firm or corporation shall comply with and be subject to
all of the provisions of §§ 54-796 through 54-808, and provided, further,
that when such auction sales as are allowed under this article shall be held
by such merchant, such sales shall be held continuously from day to day,
and shall not continue longer than thirty days, Sundays and legal holidays
excepted; nor shall the same dealer, either by himself or another, conduct
another auction sale in connection with such business for a period of
twelve months from the last date of a former sale.