CHAPTER 137

An Act to amend and reenact § 46-255 of the Code of Virginia, r
to vehicles stopping or yielding right of way before entering
Highway System. [

Approved March 4, 1954

Be it enacted by the General Assembly of Virginia:

1. That § 46-255 of the Code of Virginia be amended and ree
as follows:

§ 46-255. Vehicles before entering State Highway System '
stop or yield right of way.—All vehicles when entering a highway,
is improved and hard surfaced and is a part of the State Highway S
from the side thereof, shall, immediately before entering such his
stop unless a “Yield Right of Way” sign is posted; where any such
posted, the driver of a vehicle entering such highway shall yield th
of way to the driver of a vehicle approaching on such highway from
direction.

2. An emergency exists and this act is in force from its passage.
An Act to amend and reenact § 14-123, as amended, of the Code of Vir-
ginia, relating to certain fees to be charged by clerks of courts of

record.
[fH 145]
Approved March 4, 1954

Be it enacted by the General: Assembly of Virginia:

1. That § 14-128, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 14-123. 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 relating to it,
except the recording in the proper book, to-wit: for receiving proof of
acknowledgments, entering orders, endorsing clerk’s certificate, and when
required, embracing it in list for the commissioner 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 * two dollars 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, * ten dollars, * 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 * five 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, administer-
ing 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 necessary
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 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,
replication or other pleading which is not written, twenty cents.

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

(21) If papers be filed on the side of the plaintiff for which no par-
heular +e is allowed, a fee (not for each, but for the whole) of, twenty-

ve 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 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, twenty-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
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.

(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.

(84) 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 justice’s judgment, for filing the papers,
ten cents.

(87) 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 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
governing 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, adminis-
tering 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

nts.

(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 unde-
cided, without an order of continuance, there shall be a fee for putting
it on the docket at the next term of twenty-five cents.

(561) 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. a

(57) Upon conviction in felony cases, in lieu of any fees otherwise
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
hile allowed by this section the clerk shall charge the accused * five

ollars.

(59) In all actions at law the clerk’s fee chargeable to the plaintiff
shall be * ten dollars * to be paid by the plaintiff at the time of insti-
tuting 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.