As Amended 1895-6, p. 359. As Amended 1895-6, p. 393. As Amended 1895-6, p. 394. Sec. 3515. How and when fee bills made out; to be produced before payment is compelled; what to show when paid in advance; constructive fees defined; penalties for illegal demands; how fee bill quashed. No person shall be compelled to pay any fees before mentioned for services already performed until there be produced to him a fee bill signed by the officer to whom the fees are due expressing the particulars for which such fees are charged; nor shall such officer be compelled to perform any service unless his fees if demanded be paid or tendered or otherwise satisfactorily secured him except in criminal cases and in the case of persons suing as provided by section thirty-five hundred and thirty-eight. And where bills are made out for services to be performed there shall be mentioned the nature of the service and the fact that it is to be performed. No officer shall for any service make out a fee bill for more than is allowed there for or charge full fees to more than one party for the same service, but in such case the payment of the fees by any party shall be a satisfaction for such service; nor shall any officer charge a constructive fee, nor shall he for the same service attempt to obtain payment a second time or make out a fee bill a second time unless he endorse the fact and swear that the former bill remains unpaid. 66 'Constructive fees" shall be construed to include fees for services not actually rendered or for copies not actually furnished the party at his request or for services which inure to the benefit of more than one person and have already been charged to or paid by another. If any officer violate any of the provisions of this section he shall forfeit five dollars to any person prosecuting therefor. The circuit or county court of a county or circuit or corporation court of a corporation in which an officer resides may on motion after reasonable notice to him quash any fee bill made out by him contrary to law. Sec. 3518. To whom fee bills delivered for collection; power and duty of collecting officer. Any officer mentioned in this chapter or personal representative of a deceased clerk may deliver fee bills duly signed within two years from the time such fee bills become due to any sheriff or constable in any magisterial district or high constable of any city, who shall receive and endeavor to collect the same. Such sheriff, constable, or high constable may distrain for such fee bills, and the sheriff for any fee bills due to him, such property of the person to whom the fee bills are charged as might be levied on under a writ of fieri facias against him, and section six hundred and twenty-seven, six hundred and twenty-eight, and six hundred and twenty-nine shall apply to such fee bills in like manner as to taxes. Sec. 3519. When and how officer to account for fee bills collected and return those uncollected; his commission; remedy for what he is chargeable with.-Every sheriff, constable, or high constable to whom such fee bills are so delivered shall within twelve months after such delivery account therefor with the officer or personal representative entitled thereto by returning such as he may not have collected, with an endorsement thereon that the person charged with the fees has no estate in his county, corporation, or district out of which the same could be made, and by paying to such officer or personal representative the amount of all not so returned, deducting a commission for himself of ten per centum on such amount. If he fails so to do judgment may be obtained on motion against him and his sureties or his and their personal representatives, or if he be a sheriff against any deputy who may have signed the receipt for the fee bills and his sureties or his and their personal representatives for the amount with which such sheriff, constable, or high constable is chargeable Sec. 3527. Fees of attorneys for commonwealth, clerks, &c. As Amended 1897-8, p. 868. The fees of attorneys for the commonwealth, clerks, justices, sheriffs, Previous Amendment sergeants, jailers, coroners, criers, and constables in all cases in which 1889-90, p. 86. the defendant is indicted for a felony shall be paid out of the state treasury 93 Va. 14. when certified as prescribed by section four thousand and eighty-four, and in all cases in which a charge of felony is investigated and dismissed by a justice or in which the defendant is sent on to the grand jury and no indictment is found one-half only of the lawful fees of the justices and other officers shall be likewise paid when so certified. In every prosecution for misdemeanor if the fees of said officers are not paid by the prosecutor or in cases of conviction by the defendant, and in cases where there is no prosecutor and the defendant shall be acquitted or convicted and unable to pay the cost, or where a nolle prosequi is entered or judgment arrested one-half of the lawful fees of said officers except a jailer, who shall be paid in full, shall likewise be paid when certified as heretofore required in this section out of the state treasury: provided, however, nothing in this section shall be construed as allowing fees in any cases which are not now allowed by law. In no case shall any account be allowed or paid unless verified by the affidavit of the person rendering the services; and when allowance is made for a guard or to a person to assist in making an arrest the account shall also be verified by the affidavit of such guard or person employed to assist in making the arrest or the personal representative of such officer, guard, or person if he be dead. The fees of said officers shall be as follows: Sec. 3528. To attorneys for the commonwealth.-For every case of As Amended 1895-6, p. 670. felony tried in any circuit, county, or corporation court, to be charged only once in each case, the sum of ten dollars. For every case of misdemeanor prosecuted in any such court to judgment for the commonwealth, except prosecutions for violations of the revenue laws and for offences under section thirty-eight hundred and fifteen and the sections following to thirtyeight hundred and thirty-three inclusive, the sum of five dollars: provided, that in no case shall the attorneys for the commonwealth in any county or city receive from the state treasury more in any one year than the amounts hereinafter stated, as follows: The attorney for the commonwealth of the county of Accomac, three hundred and twenty dollars; of Albemarle, three hundred and seventy dollars; of Alexandria, two hundred and fifty dollars; of Alleghany, two hundred dollars; of Amelia, two hundred and twenty dollars; of Amherst, two hundred and fifty dollars; of Appomattox, three hundred dollars; of Augusta, four hundred and twenty dollars; of Bath, seventy-five dollars; of Bedford, three hundred and sixty dollars; of Bland, one hundred and twenty dollars; of Botetourt, two hundred dollars; of Brunswick, two hundred and twenty dollars; of Buckingham, three hundred dollars; of Buchanan, two hundred dollars; of Campbell, three hundred and sixty dollars; of Caroline, two hundred dollars; of Carroll, two hundred dollars; of Charles City, one hundred dollars; of Charlotte, one hundred and fifty dollars; of Chesterfield, two hundred and twenty dollars; of Clarke, two hundred dollars; of Craig, seventy-five dollars; of Culpeper, two hundred dollars; of Cumberland, two hundred dollars; of Dickenson, two hundred dollars; of Dinwiddie, two hundred dollars; of Elizabeth City, three hundred dollars; of Essex, two hundred dollars; of Fairfax, two hundred and twenty dollars; of Fauquier, two hundred and eighty dollars; of Floyd, three hundred dollars; of Fluvanna, two hundred dollars; of Franklin, three hundred dollars; of Frederick, two hundred and twenty dollars; of Giles, two hundred dollars; of Gloucester, two hundred dollars; of Goochland, one hundred and seventy-five dollars; of Grayson, two hundred dollars; of Greene, one hundred and twenty dollars; of Greenesville, two hundred dollars; of Halifax, three hundred and fifty dollars; of Hanover, two hundred and twenty dollars; of Henrico, six hundred dollars; of Henry, two hundred and thirty dollars; of Highland, one hundred dollars; of Isle of Wight, two hundred dollars; of James City, one hundred dollars; of King and Queen, two hundred dollars; of King George, one hundred dollars; of King William, two hundred dollars; of Lancaster, one hundred and fifty dollars; of Lee, three hundred dollars; of Loudoun, two hundred and fifty dollars; of Louisa, two hundred dollars; of Lunenburg, two hundred dollars; of Madison, one hundred and fifty dollars; of Mathews, one hundred dollars; of Mecklenburg, three hundred dollars; of Middlesex, one hundred and twenty dollars; of Montgomery, three hundred dollars; of Nausemond, two hundred and forty dollars; of Nelson, two hundred dollars; of New Kent, one hundred and twenty dollars; of Norfolk, seven hundred dollars; of Northampton, one hundred and fifty dollars; of Northumberland, one hundred dollars; of Nottoway, two hundred dollars; of Orange, one hundred and fifty dollars; of Page, two hundred and twenty-five dollars; of Patrick, two hundred dollars; of Pittsylvania, six hundred dollars; of Powhatan, one hundred dollars; of Prince Edward, three hundred dollars; of Prince George, one hundred dollars; of Princess Anne, one hundred dollars; of Prince William, two hundred dollars; of Pulaski, three hundred dollars; of Rappahannock, one hundred and fifty dollars; of Richmond, one hundred dollars; of Roanoke, two hundred dollars; of Rockbridge, two hundred dollars; of Rockingham, three hundred and sixty dollars; of Russell, two hundred and ten dollars; of Scott, two hundred and sixty dollars; of Shenandoah, two hundred dollars; of Smyth, three hundred dollars; of Southampton, two hundred dollars; of Spotsylvania, one hundred and fifty dollars; of Stafford, one hundred dollars; of Surry, one hundred and fifty dollars; of Sussex, one hundred and fifty dollars; of Tazewell, five hundred dollars; of Warren, one hundred and fifty dollars; of Warwick, fifty dollars; of Washington, three hundred and forty dollars; of Westmoreland, one hundred and twenty-five dollars; of Wise, two hundred and twenty-five dollars; of Wythe, two hundred and thirty dollars; of York, one hundred dollars. The attorney for the commonwealth of the city of Richmond, two thousand dollars; of the city of Norfolk, seven hundred and fifty dollars; of the city of Petersburg, four hundred dollars; of the city of Lynchburg, four hundred dollars; of the city of Roanoke, five hundred dollars; of the city of Alexandria, three hundred dollars; of the city of Portsmouth, three hundred dollars; of the city of Danville, three hundred and fifty dollars; of the city of Manchester, two hundred and fifty dollars; of the city of Staunton, two hundred and twenty-five dollars; of the city of Charlottesville, two hundred dollars; of the city of Winchester, two hundred dollars; of the city of Fredericksburg, one hundred and seventy-five dollars; of the city of Bristol, one hundred and fifty dollars; of the city of Radford, one hundred and fifty dollars; of the city of Buena Vista, seventy-five dollars; of the city of Newport News, four hundred dollars. Sec. 3530. To a justice.-For issuing a warrant of arrest, fifty cents; As Amended for trying or examining a case of misdemeanor, fifty cents; for examining 1893-4, p. 475. a charge of felony, fifty cents. The said fees shall be in full for all services rendered in each case by a justice, but shall not be allowed by the auditor without the certificate of the judge of the court allowing the account that he has actually examined the papers on which the account is founded and is satisfied that the warrant was issued and the trial or examination had or made. Sec. 3531. To a sheriff, sergeant, coroner, crier, or constable.- As Amended 1897-8, p. 869. For serving a warrant or summons other than on a witness where no arrest is made, thirty cents; for an arrest in case of a misdemeanor when not paid out of the treasury, eighty cents: for an arrest in case of felony, one dollar; for executing a search warrant, fifty cents; for summoning a witness in a felony case, twenty cents; for summoning a witness in a misdemeanor case when not paid out of the treasury, thirty cents; but not more than forty-five cents shall be allowed out of the treasury for summoning witnesses in a case of a misdemeanor nor more than one dollar in a case of felony unless the justice shall certify that the witnesses in a case of felony in excess of five were examined on the trial and were material witnesses; and when two or more persons are arrested under one warrant or are jointly charged or tried the officer shall be entitled only to such fees for summoning witnesses as if only one person was arrested, charged, or tried. For carrying a prisoner to jail under order of a justice for each mile of travel of himself in going and returning, four cents; for each mile of travel of the prisoner in carrying him to jail where the distance is over ten miles, four cents; for board of prisoner while under arrest and undergoing examination on a charge of felony or while carrying him to jail, the amount actually paid by such officer, not exceeding per day one dollar; for each person employed in making the arrest of any person charged with a felony, not exceeding per day seventy-five cents; for a guard in a case of felony, per day seventy-five cents; for each mile of travel of guard in going to jail and returning, four cents; but no guard shall be paid in any case of misdemeanor or employed or paid in a felony case unless the justice order it and certify that such guard could not be safely dispensed with. For executing a writ of venire facias, one dollar and fifty cents; for executing a sentence of death, five dollars and in addition the expenses actually incurred by the officer in executing such sentence. Previous 1889-90, p. 79. 93 Va. 14. Sec. 3532. To a jailer.-For receiving a person in jail when first com- As Amended mitted, twenty-five cents; for keeping and supporting him therein, for 1897-8, p. 992. each day forty cents; but where there are as many as three and less than Amendment ten prisoners in jail, for each thirty cents; where there are ten or more prisoners in jail, for each up to and including twenty-five, twenty-five 2 Va. L. R. 352. cents; for each prisoner in excess of twenty-five up to and including fifty, twenty-three cents; for each prisoner in excess of fifty up to and including one hundred, twenty cents, and for each prisoner in excess of one hundred eighteen cents. But no payment shall be made out of the treasury for receiving, keeping, and supporting any prisoner committed to jail for a violation of the ordinances of any city or town or who is in jail under a capias pro fine issued for a failure to pay a fine imposed for a violation of such ordinances. As Amended 1895-6, p. 484. As Amended 1895-6, p. 485. CHAPTER CLXXIII. OF COSTS GENERALLY, AND ALLOWANCES TO WITNESSES. Sec. 3542. [92 Va. 130; 3 Va. L. R. 445; 27 S. E. 606.] Sec. 3549. Allowances to witness; how and by whom entered.— A person attending as a witness under a summons shall have fifty cents for each day's attendance and four cents per mile for each mile beyond ten miles necessarily travelled to the place of attendance and the same for returning, besides the tolls at the bridges and ferries which he crosses or turnpike gates he may pass. On his oath an entry of the sum he is entitled to and for what and by what party it is to be paid shall be made when the attendance is before either house or a committee of the general assembly by the clerk of such house or committee, and in other cases by the clerk of the court in which the case is or the person before whom the witness attended, except that where the attendance was on behalf of the commonwealth before a court or justice the entry shall be made upon the minutes of the court in which the case is or to whose clerk the certificates mentioned in section seven hundred and eighteen of the code are transmitted. A witness summoned to attend in several cases may have the entry made against either of the parties by whom he is summoned, but no witness shall be allowed for his attendance in more than one case at the same time. Sec. 3550. By whom and upon what certificate paid; duty of clerk; by whom dispute between witness and party determined.—The sum to which a witness is entitled shall be paid out of the treasury in any case of attendance before either house or a committee of the general assembly and in any other case in which the attendance is for the commonwealth except where it is otherwise specially provided. In all other cases it shall be paid by the party for whom the summons issued. The payment shall be on a certificate of the person required by the preceding section to make the entry or the clerk of the court in whose minutes the entry is made. The certificate shall express by letters and not by figures the separate amounts to which the witness is entitled for his attendance, travelling, and tolls and ferriages which he may have to pay and the aggregate thereof. No clerk or other person authorized to make such entry or give such certificate shall become interested by purchase in any claim payable out of the public treasury which by law he is authorized to certify, and it shall be the duty of such clerk immediately after the adjournment of any court to make out two lists of all entries made on behalf of witnesses attending for the commonwealth, and certify one to the auditor of public accounts and the other to the county or city treasurer, to which lists shall be attached a certificate to the correctness of the allowances therein and the aggregate amount thereof signed by the judge of the court and the clerk. Any dispute before or after issuing the certificate between the witness and the party against whom his claim is made as to its justice or amount may when the case is in a court or before a justice be determined by such court or justice. The auditor of public accounts shall preserve in his office all such lists which shall be forwarded to him. He shall not issue a warrant for any claim allowed by a court to a witness unless it appears upon the list certified as herein provided, and upon the payment of any such claim the date of payment shall be noted on such list. |