CHAPTER 106

An Act to amend and reenact § 14-188, as amended, of the Code of
Virginia, relating to fees in civil cases in county and municipal courts.

(H 361]
Approved February 25, 1960

Be it enacted by the General Assembly of Virginia:

1. That § 14-138, as amended, of the Code of Virginia, be amended and
reenacted as follows: ;

§ 14-133. Fees in civil cases for services performed by the judges or
clerks of county courts, municipal courts and police justice courts, or by
justices of the peace in the event any such services are performed by such
justices in civil cases, shall be as follows, and, unless otherwise provided,
shall be included in the taxed costs and shall not be refundable, except in
case of error or as herein provided: oo

(1) For all court and justice of the peace services in each distress,
detinue, interrogatory summons, unlawful detainer, civil warrant, notice
of motion, garnishment, attachment issued, or other civil proceeding,
$8.00 unless otherwise provided in this section, which shall include the
fee prescribed by § 16.1-115. No such fee shall be collected in any tax case
instituted by any county, city or town.

The judge or clerk shall collect the foregoing fee at the time of issuing
process. Any justice of the peace or other issuing officer shall collect the
foregoing fee at the time of issuing process. He may deduct therefrom a
justice of the peace (or other issuing officer) fee of $1.25 for his services
in the case. He shall remit the remainder promptly to the court to which
such process is returnable, or to its clerk. Any sheriff, city sergeant, or
other officer serving process shall collect the foregoing court fee before
serving any notice of motion of judgment, which fee he shall remit on or
before the return day of such motion to the court to which such motion
is returnable, or to its clerk, except that no fee shall be collected in tax
cases until after process has been served. When no service of process is had
as to any defendant served by notice of motion for judgment, the officer
serving process shall return such notice of motion and the court fee col-
lected by him to the plaintiff or his counsel. The foregoing court fee shall
not include the service fee of any sheriff, city sergeant, or other officer
serving process, but the person issuing process shall accept and forward
any such service fees when tendered at the time of issuing process. When
no service of process is had on a defendant named in any civil process
other than a notice of motion for judgment, such process may be reissued
once by the court or clerk at the court’s direction by changing the return
day of such process, for which service by the court or clerk there shall be
no charge; provided, however, reissuance of such process shall be within
three months after the original return day and regardless of whether the
original process was issued before or after this act takes effect.

(2) For granting each continuance except the first of any warrant or
other proceeding pending before the court, fifty cents, but if the con-
tinuance is at the instance and for the convenience of the judge, the fee
shall not be charged. Such fee shall be paid by the party requesting the
continuance, and shall not be taxed as a part of the costs.

_ _ The fees prescribed in this section shall be the only fees charged in
civil cases for services performed by such judges and clerks, and when the
services referred to herein are performed by justices of the peace such fees
shall be the only fees charged by such justices for the prescribed services.