CHAPTER 217

AN ACT to amend and reenact §§ 2-60, 14-128, as amended, 15-67, as
amended, and 17-54 of the Code of Virginia, relating to duties of the
Secretary of the Commonwealth, fees of clerks of court and the incor-
poration of towns and duties of clerks of court so as to require cer-
tain information concerning incorporated towns to be furnished to
the Secretary of the Commonwealth. [H 270]

Approved March 3, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 2-60, 14-128, as amended, 15-67, as amended, and 17-54 of
the Code of Virginia be amended and reenacted as follows:

§ 2-60. He shall be keeper of the seals of the Commonwealth; keep
a record of all executive acts, arrange and preserve all records and papers
belonging to the executive department; be charged with the clerical duties
of that department, and render to the Governor, in the dispatch of execu-
tive business, such services as he requires. He shall record or register all
papers or documents required by law to be registered or recorded in his
office, and when required furnish a copy of any record in his office under
the seal of the Commonwealth.

He is authorized to authenticate records of any court of the State and
of any department of the government. He shall keep a register of all city,
incorporated town, county, and district officers, and when required give
a certificate of the election and qualification of any such officer.

He shall make an annual report to the Governor, embracing (a) *
the Boards of Visitors of all public institutions, and other boards ap-
pointed by the Governor; (b) all commissions issued under appointments
made by the Governor, except commissions to notaries public; (c) and
222 ACTS OF ASSEMBLY [vA., 1956

such other matters as the Governor requires. The reports shall be trans-
mitted by the Governor to the General Assembly, printed as other such
annual reports are printed, bound in a separate volume, and disposed of
according to law.
§ 14-128. A clerk of a circuit or other court of record may, for
pervines performed by virtue of his office, charge the following fees,
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 o
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

_ (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 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.
CH. 217] ACTS OF ASSEMBLY 223

(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-
perlax ree 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 ex-
cept 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 person, 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.

(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 justice’s 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 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 therof, 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. _

( For making a statement, calculating interest and receiving
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
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 delin-
quent 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.

a0 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 un-
decided, without an order of continuance, 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.
CH. 217] ACTS OF ASSEMBLY 225

(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
otherwise allowed by this section the clerk shall charge the accused
five dollars. as

(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 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, incorporated town 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 cer-
tifying an election or appointment and qualification to fill a vacancy,
twenty cents.

§ 15-67. The court shall be satisfied that:

(1) It will be to the interest of the inhabitants of the town ;

(2) The prayer of the petition is reasonable;

(8) The general good of the community will be promoted ;

(4) The number of inhabitants of the town exceeds three hundred
and does not exceed five thousand; and .

(5) The area of land designed to be embraced within the town is not
excessive. .

Such court, or the judge thereof in vacation shall by an order recit-
ing the substance of the petition and the due publication thereof, that it
is to the best interest of the inhabitants of the locality, that the general
good of the community will be promoted by the incorporation of the town
and that the number of inhabitants exceeds three hundred and does not
exceed five thousand, order and decree and enter upon its common law
order book that such town be, and the same is hereby, incorporated as a
town by the name and style of “The town Off....cc-ccccoccssesssnssseesnmeene (NAMING
it)”, and designating in such order the metes and bounds thereof. There-
after the inhabitants within such bounds shall be a body, politic and cor-
porate, with all the powers, privileges and duties conferred upon and
appertaining to towns under the general law. A copy of such order shall
be certified by the court or judge to the Secretary of the Commonwealth
by whom it shall be certified to all proper officers of the State. No town
shall be incorporated hereafter unless it contain at least the population
required by this section as amended.

§ 17-54. The clerk of the circuit court of each county and the clerk
of the corporation court of each city shall annually, in the month of Janu-
ary, send to the Secretary of the Commonwealth a list of all county,
district, incorporated town and city officers of their respective counties,
incorporated towns and cities. When a vacancy occurs in any county,
district, incorporated town or city office the clerk shall notify the Secre-
tary of the Commonwealth within ten days and shall likewise notify the
Secretary of the election or appointment and qualification of any officer to
fill such vacancy within ten days after the qualification of such officer.
All such lists and notices sent to the Secretary of the Commonwealth shall
give the date of election or appointment and qualification of officers and
the beginning and end of their terms of office and shall be certified by the
judge of the court under seal of the court and attested by the clerk.

Any clerk who fails to comply with the provisions of this section
shall be fined not less than five dollars nor more than twenty-five dollars.
The judge of each circuit and corporation court shall see that the provi-
sions of this section are complied with.