Pages 469-487  ======   ======  Pages 507-525

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487

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
CHAP. VII.

An Act for the greater ease and encouragement of Sherifs.
I. WHEREAS, by reason of the situation of most of the county prisons, within this colony, some evil disposed persons have had opportunities of breaking the same open, and turning out debtors and others, to the hindrance of justice, the injury of creditors, and ruin of sherifs, who, upon actions brought for escapes, have been compelled to pay the debts with which such prisoners stood charged: For remedy whereof, for the future,
Preamble.
      II. Be it enacted by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That no judgment shall be entered against any sheriff, or any other officer, in any suit hereafter to be brought, for the escape of any debtor in his or their custody, unless the jury, who shall try the issue, shall expressly find, that such debtor or prisoner did escape with the consent, or through the negligence of such sheriff, or his officer or officers; or that such prisoner might have been retaken; and that the sheriff, and his officer neglected to make immediate pursuit. When sheriff liable for escapes.
      III. And, for removing all doubts and controversies, touching the manner of turning over prisoners, upon a sheriff's going out of his office, Be it enacted, by the authority aforesaid, That the delivery of the prisoners, by indenture to be made between the old sheriff and the new, according to the practice in England; or the entring upon record, in the county court, the names of the several prisoners, with the causes of their commitment, shall be sufficient to discharge the late sheriff from all suits or actions for any escape that shall happen afterwards. Prisoners, how turned over.
      IV. And, for the more effectual retaking and securing persons who shall escape out of prison, Be it enacted, Escape warrants, how issued.

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488

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
by the authority aforesaid, That if any person committed, rendered, or charged in custody, in execution, or on mesne process, to any county prison, shall thence escape; it shall and may be lawful, to and for any justice of the peace in the county where such prisoner was committed, upon oath made before him, by the sheriff, under-sheriff, goaler, or other credible person, to grant unto any one, who shall demand the same, one or more warrant or warrants, under his hand and seal; wherein shall be recited, the cause of such prisoner's commitment, and time of his or her escape, directed to all sherifs, maiors, bailifs, constables, and headboroughs, within this colony and dominion, thereby commanding them, and every of them, in their respective counties, cities, towns, and precincts, to seise and retake such prisoner so escaped; and being so retaken, forthwith to convey and commit to the prison where debtors are usually kept, in the county where such retaking shall happen: And the sheriff of such county is hereby required to receive such prisoner into his custody, and to give a note, testifying the receipt of such prisoner; and shall also make return to the execution of such warrant, to the court of the county where the said prisoner was first committed: And if such prisoner was committed in execution, then the said sheriff shall keep him or her in custody, without bail or mainprise, until he or she shall make full paiment and satisfaction, to the plaintiff or plaintiffs, creditor or creditors, in whose name such execution was sued out, or until the judgment or judgments obtained against such prisoner shall be reversed or discharged by due course of law: And where any prisoner shall have been committed upon mesne process, in any action of debt, or upon the case, the sheriff of that county, to whom he or she shall be committed, upon his or her retaking, shall, in like manner, safely keep such prisoner in his custody; and make return of the execution of the warrant, by which such prisoner was retaken, to the court of that county, wherein he or she was first arrested: And thereupon, it shall and may be lawful for the said court, upon the plaintiff or creditor's filing his declaration, to proceed and give judgment thereon, according as the truth of the case shall appear to them, in the same manner as if the prisoner or prisoners had appeared in the said court, and refused to plead, unless the said defendant How returned.















When the commitment was on mesne process.




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489

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
or prisoner shall cause special bail to be entered for him or her in the said court, and shall immediately plead to issue: And then and in that case, upon certificate of such bail being given, under the hand of the clerk of that court, and delivered to the sheriff, in whose custody the said defendant or prisoner shall be, it shall and may be lawful for the said sheriff to set such defendant or prisoner at large, and not otherwise.
      V. Provided always, That if any prisoner escaping, and being retaken, as aforesaid, shall thereafter be charged with treason, felony, or other crime or cause, in behalf of his majesty, his heirs and successors, for which he or she ought to be tried in the general court of this dominion; and shall be thereupon removed to the public goal in Williamsburg; every such person shall be charged in the said public goal, with all the causes wherewith he or she was so charged in the goal from whence he or she was so removed; and shall be discharged in like manner as is herein before directed. If charged with criminal offence.
      VI. And that where any person shall hereafter be committed, in any civil action, to a county goal, for any cause or thing cognisable in the general court, it shall and may be lawful for such person to sue out a habeas corpus, cum causa, to remove his or her body to the public goal at Williamsburg, and the cause of such commitment into the general court; and the clerk of the secretary's office is hereby authorised and required, upon the application of any such prisoner, to issue the said writ accordingly. Habeas corpus.
      VII. And be it further enacted, That it shall and may be lawful, to and for any officer and officers, or any other person or persons, by virtue of any of the warrants aforesaid, to take, arrest, and apprehend any prisoner or prisoners so escaping, upon the Lord's day, commonly called Sunday; any law, statute, or usage, to the contrary, notwithstanding. Escape may be executed on Sunday.
      VIII. Provided nevertheless, That it shall and may be lawful for any person imprisoned for debt or damages, to discharge him or herself, by delivering a schedule of his or her whole estate, and taking the oath mentioned in one act of assembly, made in the twelfth year of the reign of our late sovereign lord George the first, intituled, An Act to repeal the Act, Intituled, An Act, directing the manner of levying Executions, and Prisoners be discharged.

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490

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
for relief of poor Prisoners for debt; and one other act, to explain the said Act, and to declare the Law concerning executions, and for relief of poor Prisoners for debt, in such manner, as in and by the said act is directed and prescribed.
      IX. And forasmuch, as by the said last mentioned act, It is enacted, That where any person being taken, or charged in execution, shall not be able to satisfy his or her prison fees, such fees as should accrue for the first twenty days imprisonment, should be discharged by the county; and the sheriff or goaler might demand and recover of the party, at whose suit such insolvent person should be imprisoned, all such fees as should become due after the expiration of the said twenty days, until the creditor should agree to release such prisoner; but notwithstanding, divers insolvent persons have been detained in prison, contrary to the design of the said act, until large sums have become due for the fees, and the creditors have refused to pay the same, or to release such prisoner: For prevention whereof for the future,
      X. Be it further enacted; That where any insolvent person shall hereafter be committed for any sum whatsoever, and the creditor, upon notice given thereof, shall either fail to give security to the sheriff or goaler, for the paiment of the prison fees; or shall fail to pay the same, when demanded in tobacco, or money, at the rate of ten shillings per hundred, it shall and may be lawful for the sheriff or goaler to discharge such debtor out of prison.       Prisoner may be discharged, for want of prison fees.
      XI. And whereas, felons, and other criminals, committed to the county prisons, in order to their examination, and removal to the public goal at Williamsburg, and slaves committed for capital offences, being conscious of their own guilt, are most likely forcibly to break prison, and make their escapes: For preventing thereof, Be it enacted, by the authority aforesaid, That where any person or persons accused of treason, felony, or any other capital crime, shall be committed to any county goal prison, and the sheriff shall have just cause to suspect such person or persons will attempt to make their escape; such sheriff is hereby impowered and required, to impress a sufficient guard for securing such prisoner or prisoners, so long as he, she, or they continue in the said county goal, at the charge of, and to be levied Guard may be impressed by sheriff.

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491

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
on, the said county, and to be repaid by the public, in the same manner as is provided for the charges of summoning and holding the courts for the examination of criminals.
      XII. And forasmuch; as sherifs, and other officers, are put to great and unnecessary trouble, in collecting and receiving the quit-rents due to his majesty, and the public, county, and parish levies, where persons have mortgaged their lands, negros, and personal estate, to their creditors: Be it enacted, by the authority aforesaid, That where any person or persons holding lands of his majesty, shall neglect to satisfy and pay the quit-rents due for the same; or shall be indebted for public, county, or parish levies, and shall not discharge the same within the time limitted for the paiment thereof, it shall and may be lawful to and for such sheriff, or other officer, entrusted with the collection of the said quit-rents, or levies, or either of them, to destrain any of the slaves, goods, or chattels, which shall be found upon the said lands, or in the possession of such mortgager; notwithstanding the said slaves, goods, or chattels, may be comprised in any mortgage; so as such distress be first made on the personal estate: And thereupon, the like notice, and proceedings, for the sale thereof, shall be had, as is prescribed by one act of assembly, made in the third and fourth years of his present majesty, intituled, An Act to enable the sale of Goods distrained for Rent; and to secure such Goods to the Persons distraining the same, for the better security of Rents; and to prevent Frauds committed by Tenants: And such sale made by the sheriff, or other officer thereunto appointed, shall be good and effectual in law, against all and every person or persons whatsoever, claiming, or pretending to claim any right, title, or interest, in or to any of the said slaves, goods, or chattels. Slaves, &c. mortgaged, liable to quit-rents, and levies.
      XIII. And where any arrears of quit-rents, levies, or officers fees, are or shall be due from any person or persons whatsoever, and the sheriff, to whom the same ought to have been paid, dies, or shall be removed from his office; it shall and may be lawful, to and for the succeeding sheriff or sherifs to make distress for the same, upon the slaves, goods, or chattels of the person or persons so chargeable, and to make sale thereof, in manner aforesaid; that is to say, as to quit-rents, for Successor of sheriff may distrain for levies, &c.

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492

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
sterling money; or bills of exchange; and as to levies and officers fees, for tobacco; to be accounted for and paid by such sheriff, to his majesty's receiver general, county and parish creditors, and officers, respectively.
      XIV. And be it further enacted, by the authority aforesaid, That for all tobacco cue for public, county, or parish levies, quit-rents, secretary's, clerks, sherifs, surveiors, or other officers fees, put into the hands of any sheriff to collect and discharge, by inspectors notes; such sheriff shall have and receive an allowance of six per cent. for collecting and paying the same, instead of the four per cent. formerly allowed for that service. Commission for collecting.
CHAP. VIII.

An Act for the better regulating and collecting certain Officers fees; and other purposes therein mentioned.
I. BE it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the commencement of this act, it shall and may be lawful, to and for the secretary of this colony, for the time being, and all county court clerks, sherifs, coroners, constables, and surveiors, respectively, to demand, receive, and take, the several fees herein after mentioned and allowed, for any business by them respectively done, by virtue of their several offices; and no other fees whatsoever: (that is to say,)
To the Secretary.                   Current Money.
  s. d.
For making out, sealing, and recording at large,
      a patent for land, before the same shall be
      recorded, 		8 0
For making out, sealing, and recording at large,
      a patent commonly called a double patent,
      before the same shall be recorded, 		12 0
For parchment for every patent, 2 6
For recording every warrant to an escheator, and
      the inquisition thereupon, 		11 6
For a copy thereof, the same,
For every pass, 10 0
Secretary's fees.

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493

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
  s. d.
For every freedom for a ship or vessel, 10 0
For every testimonial, 10 0
For every writ, in the nature of an ad quot
      damnum, to be paid upon issuing such writ,    		5 5
For recording the same, with the inquisition
      thereon, to be paid before the inquisition is
      recorded, 		11 6
For a copy of such writ and inquisition, to be
      paid down, 		5 0
Pounds of Tobacco.
For a copy of a double patent, 45
For a copy of any other patent, 30
For the probation of any testament, and recording
      the same; for entring the order or orders for
      appraising the estate; recording the inventory,
      writing and sealing the probat, or any other
      matter concerning the same: or for a commission
      of administration of the goods of any person
      dying intestate, for entring the order or orders
      for appraising the estate, recording the
      inventory, or for any other matter concerning the
      same, here the appraisement doth not amount
      to above fifty pounds. 		250
And where the appraisement exceeds that value,
      or there is no appraisement, 		350
For a copy of a probat, or commission of
      administration, 		40
For recording the certificate of a probat, or
      administration, 		40
For a copy of a will or inventory, 40
And if the will, or inventory, is not contained
      in one sheet for every sheet more, 		30
For every hue and cry, signed by the governor, 30
For a copy of an act of assembly, 40
For a copy of an account, 20
For recording a deed or deeds, for the conveying
      or settling any lands or tenements only, or
      together with slaves and personal estate, or
      any way concerning the same, acknowledged or
      proved in the general court, 		150
For a copy of such deed or deeds, with the
      indorsements thereon; and for a certificate of
      the acknowledgment or proof, and recording, 		90
For issuing a commission to take the acknowledgment

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494

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
Pounds of Tobacco.
      and privy examination of a feme covert;
      and recording it, with the return of the
      commissioners, 		50
For a copy thereof, 30
For recording a deed concerning slaves, or any
      personal matter only, 		70
For a copy thereof, with the certificate of the
      acknowledgment or proof, and recording, 		40
For recording a letter of attorney, acknowledged
      or approved in the general court, and every
      thing relating to it. 		70
For a copy thereof, 40
For recording a bond, with condition, other than
      for performance of covenants, in deeds of
      conveiance, or settlement of land, 		40
For a copy of a bond, with condition, 20
For recording a certificate of rights, 15
In Actions and other Suits.
For every dedimus potestatem, writ of error,
      supersedeas, or scire facias, 		25
For taking bond, on issuing a supersedeas, or writ
      of error, 		25
For every other writ, in any action or suit
      whatsoever, 		20
For entring the sheriff's return, and entring the
      bail by him returned, in the rule book, 		20
For entring special bail, 20
For entring the personal appearance of the
      plaintiff or defendant; or the appearance of an
      attorney for either party, 		10
For entring security for costs, for persons out of
      the country, 		20
For filing a declaration, and every plea or demurrer,
      in any cause to the making up of the issue;
      and for filing errors upon appeals, writs of
      error, or supersedeas, 		20
For a copy of every declaration, and every plea or
      demurrer, or of errors, 		20
For every rule entered in the rule book, 20
For a copy of every rule, 10
For every order made in a court before trial, 10
For a copy of the same, 10
For filing the papers of each party in any action
      or suit, 		15

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495

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
Pounds of Tobacco.
For docketing every cause on the court docket, 10
For every trial, swearing the jury and witnesses;
      and recording a general verdict, 		50
For administring an oath, or affirmation, in court,
      except witnesses, to a jury, 		10
For every trial, where there is a special verdict;
      swearing the jury and witnesses; and
      recording such verdict, 		75
And where there is no jury, but a case agreed, 25
For swearing witnesses for each party, in every
      cause where there is no jury, 		15
For a copy of a case agreed, or notes of a special
      verdict, 		15
For entring every order made in court; after
      verdict or demurrer joined, 		10
For entring every continuance on the court docket 10
For entring every judgment, 10
For recording the report of auditors, when it is
      desired, 		40
For making a complete record in every cause,
      inserting a case agreed, or special verdict at
      large, from the notes; and all deeds and other
      evidences at large, for every twenty words, 		1
For a copy thereof, or any part thereof, the same.
For filing bill, answer, replication, or other
      pleadings in chancery, each, 		15
For a copy thereof, for every twenty words, 1
For entring every decree, 10
For drawing up every decree at large; entring the
      substance of the bill, answer and other
      pleadings; the substance of the evidence, and
      the decree thereupon, for every twenty words, 		1
For filing the depositions in every cause, in
      behalf of each party, 		15
For a copy of the depositions, for every twenty
      words, 		1
For a recognizance in court, 20
For entring an appeal to England, and taking bond, 50
For filing the record upon an appeal, writ of
      error, or supersedeas, from a county court
      or any inferior court, 		15
For a copy of such record, for every twenty words, 1
For filing the return of a certiorari, or habeas
      corpus, 		15

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496

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
Pounds of Tobacco.
For taxing the costs in any action or suit, and a
      copy thereof, 		20
For every petition for lapsed land; for writing it,
      and issuing a summons thereon, 		50
For every order thereon, 15
For recording any thing, not herein particularly
      mentioned; or for a copy thereof, for every
      twenty words, 		1
For a search for any thing of above a year's
      standing, and reading the same, or any part
      thereof, if desired, 		10
For every order to a witness for attendance, to be
      charged to the party against whom such order      
      goes 		10
 
Which said several fees herein before expressed, shal
be charged to the party at whose instance the business
shall be performed, except where it is otherwise
directed. And that the fees herein after mentioned,
and allowed to the secretary, shall be charged to the
several counties respectively, for whose service to the
business shall be performed; and shall be, by the
justices, levied on the inhabitants thereof; (that is to
say,)
 
For a commission of the peace, and dedimus, to
      administer the oaths, and recording the same, 		160
For a commission of oyer and terminer, and dedimus,
      to administer the oaths; to be repaid the county
      by the public, 		100
For a writ of election for burgesses, 350
For filing an inquisition, on view of a dead body,
      and recording the same; which shall be repaid
      the county, out of the estate of the deceased, if
      the same be sufficient, 		50
 
To the County Court Clerks.
 
Pounds of Tobacco.
For recording deeds of lease and release, for
      conveying or settling lands only, or together
      with slaves and personal estate; bond to
      perform covenants; certificates of the proof or
      acknowledgment, as the case is, and all matters
      relating thereto, 		150

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497

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
Pounds of Tobacco.
For a copy thereof, 55
For recording every deed of feoffment, or bargain
      and sale, or other single deed, for conveying or
      settling lands and tenements only, or together
      with slaves and personal estate; bond to
      perform convenants; certificate of the proof or
      acknowledgment, as the case is, and all matters
      relating thereto, 		100
For a copy thereof, 40
For issuing and recording a commission, to take
      the acknowledgment and privy examination of
      a feme covert, with a certificate of the
      commissioners, if such commission be required, 		40
For a copy thereof, 20
For recording a patent, 50
For a copy thereof, 25
For recording a deed for land from the
      proprietors of the Northern Neck, 		40
For recording a deed concerning slaves, or any
      personal matter or thing only, with the
      certificate of its proof or acknowledgment, 		40
For a copy thereof, 30
For recording a letter of attorney, 30
For a certificate of the proof or acknowledgment
      thereof, 		10
For a copy of a letter of attorney, with such
      certificate, 		25
For recording a bond, with condition, other than
      for the performance of convenants, in deeds of
      conveiance or settlement of land, 		20
For a copy of a bond, with condition, other than an
      appeal bond, the same,
For a copy of any other obligation, or promisary
      note, 		10
For the probation of any will or testament, and
      recording it; entring the order or orders for
      appraising the estate; recording the inventory;
      and for any other matter concerning the same;
      or for a commission of administration of the
      goods of any person dying intestate; for entring
      the order or orders for appraisement; recording
      the inventory; and for any other matter
      concerning the same, where the appraisement
      doth not amount to above ten pounds. 		50

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498

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
Pounds of Tobacco.
Where the appraisement exceeds that value, and
      is under one hundred pounds, 		150
And where it shall exceed one hundred pounds,
      or there shall be no appraisement returned
      within twelve months, 		250
For a copy of a will, or inventory, if contained
      in one sheet, 		30
If more than one sheet, twenty pounds of tobacco for
      every sheet besides the first.
For a copy of an act of assembly, 40
For recording the age of a servant or slave,
      adjudged in court, 		10
For a certificate thereof, if required, 8
For a certificate of the departure of any person
      out of the country, 		15
For attending a court for examination of
      criminals, and trial of slaves; to be paid
      by the county, and repaid by the public, 		200
For a copy of a list of tithables, taken by a justice
      in his precinct, 		20
For an ordinary licence, and bond, 50
For a copy of the rates of liquors, 15
For a marriage licence, certificate, and bond, 50
For proving rights for land produced at one time,
      and belonging to one person, and certificate
      thereof, 		13
For every search for any thing, if a copy be not
      required, 		5
In Actions, and other Suits.
For every writ other than such as are herein
      after particularly mentioned, 		10
For a copy of any such writ, 5
For every writ of execution, or scire facias, 15
For a copy thereof, 8
For recording the return thereof, 8
For a writ of attachment in any action, 15
For recording the return thereof, 15
For an attachment granted by a justice of the peace,
      returnable to court; and recording the return,
      and putting the same upon the docket, 		20
For filing every bail bond, or entring the bail
      returned, 		10
For docketing every cause, except by petition, 5
For a copy of the return of any writ, 3
For entring special bail, 10

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499

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
Pounds of Tobacco.
For entring security for costs, for persons out of
      the country, 		10
For entring the appearance of the defendant or
      defendants, in any suit, except by petition, 		5
For entring an attorney for each party, 5
For every petition, declaration, or other pleadings,
      except in suits by petition for debt, detinue,
      assumpsit, or trover, whether wrote by
      the clerk or not, 		10
For a copy of any declaration, special pleading,
      or demurrer, 		10
For a copy of a plea, if the general issue, 3
For every trial; swearing the jury and witnesses;
      filing all papers; and recording a general
      verdict, 		40
For every trial, where there is a special verdict,
      or case agreed; and recording the same, 		65
For swearing witnesses in every other cause,
      where there is no jury, or case agreed, except
      by petition, 		10
For filing the papers of each party, in every
      cause, except by petition, and where there is a
      jury, or case agreed, 		10
For a copy of a special verdict, or case agreed,
      and every thing therein set forth; or for making
      up a full and complete record, for every
      thirty words,
For entring every judgment, or for a copy thereof, 10
For filing bill, answer, replication, and other
      pleadings in chancery, for each, 		10
For a copy thereof, for every thirty words, 1
For a commission to examine witnesses, 25
For attending and writing the depositions taken
      thereon, if required, 		100
The same for attending, and writing depositions,
      taken against inspectors, before justices of the
      peace.
For entring every decree in chancery, 15
For filing the depositions in any suit, for each
      party, 		10
For every deposition taken in court, 10
For a copy of a deposition, 10
For administring an oath in court, not relating
      to the trial of any cause there depending, and
      certifying the same. 		10

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500

LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
Pounds of Tobacco.
For every recognizance in court, 10
For entring the order or orders in any cause, in
      one court, 		15
For entring every order for witnesses attendance, 10
For a copy of any order, 10
For recording the report of a jury in the country,
      surveyor, auditors, or viewers, 		20
For a copy thereof, 20
For taxing a bill of costs, and copy thereof, 11
For a copy of an account, 10
For entring an appeal, and taking bond to
      prosecute it, 		26
For copy of the bond, 10
For returning an appeal, and security, to the
      secretary's office, 		30
For a copy of the proceedings of the cause, wherein
      the appeal is granted, for every thirty words, 		1
For recording the acknowledgment of satisfaction
      of a judgment, 		10
For entring ea h order for a witness's attendance;
      to be charged to the party in whose behalf such
      witness is summoned, and taxed in the bill of
      costs, if such party recover, 		10
For a copy thereof; to be charged and taxed in
      like manner, 		10
For an attachment thereon; to be charged to the
      party against whom such attachment shall be
      issued. 		10
For the whole fee chargeable for every petition for
      debt, detinue, assumpsit, or trover, and all the
      proceedings thereon, including a copy of the
      judgment, and taxing costs, if required; except
      the respective fees for summoning witnesses,
      entring attornies, for every order of continuance,
      and for issuing executions, where any of these
      matters happen, 		50
For entring an attorney in such petitions; to be
      paid by the party by whom such attorney is
      emploied, and not taxed in the bill of costs, 		5
For recording any thing not herein particularly
      mentioned, or for a copy thereof, for every
      thirty words, 		1
For reading any order or record, half the fee as
      for a copy thereof.

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      II. And if any plaintiff or defendant, or his or her attorney, shall take out copies of his or her own declaration or pleadings, or of his or her own papers, in any cause, or of any common order made in such cause, the charge of such copies shall not be allowed in the bill of costs, altho' such party recover: And where more attornies than one shall be employed in any cause, on one side, if such attornies take out more than one copy of any thing necessarily relating to the suit, yet no more than one copy shall be allowed in the bill of costs, although costs be adjudged against the adverse party. What fees not to be taxed.
Pounds of Tobacco.
For all public services of the clerk, viz: Entring
      and issuing copies of orders for appointing
      surveyors of the highways, constables, grand-
      juries; taking the list of tithables, attending
      orphans courts, entring guardians accounts and
      all matters relating thereto; binding out poor
      orphans, and appointing them guardians:
      Entring the levy, and copies thereof, and of the
      lists of tithables for the collector; and for entring
      and issuing the orders for recommending sherifs,
      and justices, and for processioning; and
      other public services, for which no particular fee
      is allowed; to be levied annually, by the justices,
      on the county, besides cask, 		1200
      III. And, to the end all persons chargeable with the payment of any of the fees aforesaid, may certainly know for what the same are charged, Be it further enacted, That none of the fees herein before mentioned, shall be payable by any person whatsoever, until there shall be produced, or ready to be produced, unto the person owing or chargeable with the same, a bill or account, in writing, containing the particulars of such fees, signed by the clerk or officer to whom such fees shall be due, or by whom the same shall be chargeable, respectively; in which said bill or account, is and shall be expressed in words at length, and in the same manner as the fees aforesaid are allowed by this act, every fee, for which any money or tobacco is or shall be demanded.
How fee-bills to be made out.

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LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
To the Sheriff.
Pounds of Tobacco.
For an arrest, bond, and return, 50
For returning a capias, non est inventus, 10
For serving any person with an order of court,
      and making return thereof, 		15
For pillorying any person, 20
For putting into the stocks, 10
For ducking any person, 20
For putting in prison and releasement, 20
For serving a subpœna in chancery, and copy, 15
For serving a summons, upon a petition for debt,
      detinue, assumpsit, or trover, 		15
For serving a subpœna for a witness, in any cause
      in court, except summoned in court, 		10
For summoning an appraiser, auditor viewer, or
      witness, in any deed, will, or writing, if requir-
      to be summoned, but not else, 		10
For summoning and impannelling a jury, in every
      cause wherein a jury shall be sworn, 		50
For going to Williamsburg for a commission of
      oyer and terminer, for every mile, besides
      ferriages; to be paid by the county, and repaid    
      by the public, 		2
The same for returning.
For coming and attending the general court, with the
      venire, and return of the venire facias, the same as
      is allowed to a venire-man; to be paid by the public,
For summoning and attending a court of oyer and
      terminer, or for the examination of a criminal;
      to be paid by the county, and repaid by the
      public, 		200
For executing each condemned person, and all
      fees incident; to be paid and repaid as
      aforesaid, 		250
For summoning a jury upon any inquisition,
      survey, writ of dower, or partition, if the jury
      appear, 		150
For making a return of a writ of dower, partition,
      or in the nature of an ad quod damnum, 		50
For every day's attendance upon a jury, in the
      country, after they are sworn, 		50
For serving a writ of Habere facias seisinam, or
      habere facias possessionem, 		50
For serving an attachment upon the body, 30

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LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
Pounds of Tobacco.
For serving a declaration in ejectment, if against
      one tenant only, 		30
But if against several tenants, for each tenant, 15
For whipping a servant; to be paid by the owner,
      and repaid by such servant, 		20
For whipping a free person, by order of court; to        
      be paid by such person, the same,
For serving an execution, for any debt due in tobacco,
      five per cent. for the first thousand pounds, and two
      per cent. for all above one thousand pounds: If due
      in money, five per cent for the first hundred pounds,
      and two per cent. for all above one hundred pounds.
For serving an attachment upon the goods; if sold,
      the same fees as for serving an execution; if not
      sold, 		30
For serving and returning a general court writ,
      summons, or order, where the same is not
      comprehended in any of the foregoing articles, 		30
For selling a servant at public outcry, by order of
      court, and all fees incident, 		20
For making proclamation, as the law directs, in
      proving of wills, or proceeding to outlawry, 		20
For keeping and providing for a debtor in goal,
      each day, 		10
For keeping and providing for a runaway or
      criminal in goal, each day; to be paid by the
      county, and repaid by the public, 		5
For serving a justices warrant, 10
For summoning a witness before a justice, 5
For all public services of the sheriff, to wit,
      Attending the orphans courts, courts of claims
      and grievances; impannelling grand juries;
      publishing writs for election of burgesses, and
      attendance; serving all public orders of court,
      and all other public and county service; to be
      levied annually, by the justices, on the county,
      besides cask, 		1000
To the Coroner
 
For taking an inquisition on a dead body; to be
      paid out of the deceased's estate if the same be        
      sufficient; if not, by the county, 		133

Coroner's fees.

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LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
For all other business done by him, the same fees as
      are allowed to the sheriff, for the like service.
 
To the Constable.
Pounds of Tobacco.
For serving a warrant, 10
For summoning a witness, 5
For summoning a coroner's jury and witnesses, 50
For putting into the stocks, 10
For whipping a servant; to be paid by the owner,
      and repaid by the servant, 		10
For serving an execution or attachment, returnable
      before a justice, 		10
 
To the Surveyor.
For every survey by him made, plainly bounded,
      as the law directs; and for a plat of such survey,
      after the delivery of such plat, where the
      survey shall not exceed one thousand acres of
      land, 		500
And for every hundred acres contained in one survey,
      over and above the first thousand, 		30
For surveying a lot in town, 20
And where the surveyor shall be stopped, or hindred
      from finishing a survey by him begun; to
      be paid by the party who required the survey
      to be made, 		250
For every survey of land, formerly patented, and which
      shall be required to be re-surveyed, and for a plat
      thereof delivered, as aforesaid, the same fee as for
      land not before surveyed,
And where the survey shall be made of any lands
      which are to be added to other lands, in an inclusive
      patent, the surveyor shall not be paid a second fee
      for the land first surveyed; but shall only receive
      what the survey of the additional lands shall amount
      to: And where any surveyor shall have actually made
      surveys of several parcels of land adjoining, and
      delivered several plats; if the party shall desire
      one inclusive plat thereof, the surveior shall make
      out such plat, for ten shillings.






Constable's fees.
      IV. And be it further enacted, That the clerk of the secretary's office shall cause to be set up in some public place in that office, and there constantly kept, a fair Table of fees to be set up.

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LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
table of the secretary's fees, herein before mentioned; on pain of forfeiting two thousand pounds of tobacco for every general court day the said table shall be missing, through his neglect: And that the clerk of every county court shall, in like manner, set up a fair table of all the other fees herein before mentioned, in the court-house of his county, to be there constantly kept; on pain of forfeiting one thousand pounds of tobacco, for every court day the same shall be missing, through his neglect: Both which penalties shall be to the person or persons who shall inform or sue for the same; and shall or may be recovered in any court of record, within this dominion, by action of debt, or information.
      V. And that if any officer whatsoever hath heretofore taken any greater fee than was by the laws in force allowed, or hereafter shall claim, charge, demand, exact, or take, any more or greater fees for any writing, or other business by him done, within the purview of this act, than herein before set down and ascertained: Or if any officer shall charge or demand, and take any of the fees herein before mentioned, where the business for which such fees are chargeable, shall not have been actually done and performed, to be proved by the fee book of such officer, upon his corporal oath; such officer, for every such offence, shall forfeit and pay to the party injured, besides such fee or fees, two hundred pounds of tobacco, for every particular article or fee, so unjustly charged, or demanded, or taken: To be recovered with costs, in any court of record, within this dominion, by action of debt, or information, provided the same be sued for within twelve months after the offence shall be committed. Penalty for exacting more than legal fees.









Limitation.
      VI. Provided always, That nothing herein contained shall be construed to inflict any penalty on any of the said officers, for demanding and taking the fees respectively allowed to be taken by them, by one act of assembly, made in the eighth year of his majesty's reign, entitled, An Act for better regulating and collecting certain officers fees; and for other purposes therein mentioned, at any time before the publication of this act; for which two months after the commencement thereof, is hereby allowed. Proviso.
      VII. And, for the better collecting the said tobacco fees, Be it further enacted, That the clerk of the secretary's office, and of every county court, respectively, Fees, when to be put into hands of sheriff.

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LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
and every surveior, shall, annually, before the twentieth day of December, deliver, or cause to be delivered, to the sheriff of every county in this colony, respectively, their accounts of fees due, from any person or persons residing therein; which shall be signed by the said clerks and surveiors, respectively. And the said sheriff is hereby required and impowered to receive such accounts; and to collect, levy, and receive the several quantities of tobacco therein charged, of the several persons chargeable therewith: And if such person or persons, after the said fees shall be so demanded, shall refuse or delay to pay the same, 'til after the tenth day of April, in any year, the sheriff of that county wherein such person inhabits, or of the county in which such fees become due, shall have full power, and is hereby required, to make distress and sale of the slaves, or goods and chattels of the party so refusing or delaying paiment, either in that county where such person inhabits, or where the said fees became due.




How collected and accounted for.
      VIII. But no action, suit, petition, or warrant, from a justice, shall be had or maintained for secretary's, county court clerks, or surveiors fees; unless the sheriff shall return, that the person owing, or chargeable with such fees, hath not sufficient within his bailiwic, whereon to make distress; except where the clerk, or other officer aforesaid, shall have lost his fee book by fire, or other misfortune, so that he be hindred from putting his fees into the sheriff's hands to collect; and in that case, any suit or warrant may be had and maintained for the recovery thereof. And if any sheriff shall be sued for any thing by him done, in pursuance of this act, he may plead the general issue, and give this act in evidence. When suit may be bro't for fees.
      IX. That the sheriff of every county shall, upon or before the last day of May, in every year, account with the secretary, or his agent; and the clerk of the respective county courts, and the respective surveiors, for all fees put into his hands, pursuant to this act, and pay the same, abating six per cent. for collecting: And the secretary is hereby required to appoint an agent in every county, to receive the sheriff's account, and all tobacco due to him: And if any sheriff shall refuse to account, or pay the whole account of fees put into his hands, after the deductions aforesaid are made, together with an allowance of what is charged to persons not dwelling Sheriff, when to account for fees.

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LAWS OF VIRGINIA, AUGUST 1736−−10th GEORGE II.


   
or having no visible estate in his county: it shall and may be lawful for the secretary, or clerk, or surveior, upon a motion made in the next succeeding general court, or in the court of the county of such sheriff, to demand judgment against such sheriff, for all fees wherewith he shall be chargeable, by virtue of this act; and such court is hereby authorised and required to give judgment accordingly; and to award execution thereupon; provided, that the sheriff have ten days previous notice of such motion.
      X. And be it further enacted, That the respective county courts, in every cause, except where the same shall be brought by petition, where the plaintiff shall recover, or be nonsuited; or where his suit shall be dismissed, shall allow in the bill of costs fifteen shillings, or one hundred and fifty pounds of tobacco, for an attorney's fee, if the party emploied one; except against executors or administrators, or where the plaintiff may not recover more costs than damages. Lawyer's fee to be taxed.
      XI. And be it further enacted, That this act shall commence and be in force the fourth day of October next, and remain in force two years, and from thence to the end of the next session of assembly; and shall be deemed a public act.

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