Hening's Statutes at Large

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LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

CHAP. VI.

An	act reducing into one, the several acts concerning the fees of certain officers, and declaring the mode of discharging the said fees and county levies.

(Passed December the 19th, 1792.)

SECT. 1. BE it declared and enacted, by the General Assembly, That it shall and may be lawful for the clerk of the council, the clerk of the house of delegates, the register, the clerks of the general court, high court of chancery, court of appeals, district courts, clerks of corporation courts, and all county court clerks, sheriffs, coroners, constables, and surveyors, respectively, to demand, receive and take the several fees herein after mentioned and allowed, for any business by them respectively done, by virtae of their several offices, and no other fees whatsoever: That is to say −−

Fees to be received by

TO THE CLERK OF THE COUNCIL.
	Dols.	Cts.
For every testimonial,	1	67

The clerk of the council,

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382

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

TO THE CLERK OF THE HOUSE OF DELEGATES.
	Dols.	Cts.
For a copy of an act of Assembly, if contained in one sheet,	1	0
And for every sheet after the first,	1	75

The clerk of the house of delegates.

TO THE REGISTER.
For issuing a warrant of survey, and recording the same,	0	65
For every warrant issued in exchange for another warrant, or where lands claimed under a former warrant, shall be recorded on a caveat, and recording the same,	0	63
For receiving a plat and certificate, and giving a receipt for the same,	0	10
For issuing and recording a grant thereupon, if the quantity therein contained exceed not four hundred acres,	1	26
For every hundred acres, exceeding that of four hundred,	0	10
For recording a plat and certificate of survey, if the quantity does not exceed four hundred acres,	0	42
For every hundred acres exceeding that quantity,	0	10
For entering a caveat, or for a copy thereof,	0	42
For a copy of any grant or patent of land,	0	63
For a search for any thing, or for reading the same, if a copy be not required,	0	21
For keeping a regular account of warrant, examined and cancelled, to be paid by the treasurer, on the auditor's warrant, for each warrant,	0	6

The register of the land office,

TO THE SURVEYOR.
For every survey by him 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 four hundred acres of land,	5	25
For every hundred acres contained in one survey above four hundred,	0	25
For surveying a lot in town,	1	0
And where a surveyor shall be stopped or hindered from finishing a survey by him begun, to be

Surveyors,

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383

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

	Dols.	Cts.
paid by the party who required the same to be surveyed,	2	62
For running a dividing line,	2	10
For surveying an acre of land for a mill,	1	5
For every survey of land formerly patented, and which shall be required to be surveyed, and for a plat thereof delivered as aforesaid, the same fee as for land not before surveyed.
And where a 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 land shall amount to.
And where any surveys have been actually made of several parcels of land adjoining, and several plats delivered, if the party shall desire one inclusive plat thereof, the surveyor shall make out such plat for	1	5
For running a dividing line between any county or parish, to be paid by such respective counties or parishes, in proportion to the number of tithables, if ten miles or under	10	50
And for every mile above ten,	0	30
For receiving a warrant of survey, and giving a receipt therefor,	0	17
For recording a certificate from the commissioners of any district of a claim to land allowed by them, to be paid by the claimant,	0	17
For making an entry for land, or for a copy thereof,	0	17
For a copy of a plat of land, or of a certificate of survey,	0	25

SECT. 2. Provided always, That where any person shall employ a surveyor, and shall have received a plat of land surveyed, and afterwards shall assign the plat of land to any other, either before or after obtaining a patent for the same, if such person for whom the land was first surveyed, shall not have paid for the said survey, it shall and may be lawful for the sheriff or other officer of the county or corporation, where such assignee shall reside, at the instance of such surveyor, to make distress upon the slaves, goods and chattels of such assignee, in

Assignees of surveys answerable for surveyor's fees where the assignor has not paid them.

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384

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

like manner as is herein after provided for surveyors or other officers fees refused or delayed to be paid.

TO THE CLERK OF THE COURT OF APPEALS
	Dols.	Cts.
The same fees with those of the high court of chancery and general court, for similar services.

Fees to be received by the clerk of the court of appeals,

TO THE CLERK OF THE HIGH COURT OF CHANCERY.
For filing a bill, answer, replication, or other pleadings, each		26
For a copy thereof, for every twenty words,		2
For entering every decree,		18
For drawing up every decree at large, entering the sustance of the bill, answer and other pleadings, the substance of the evidence and the decree thereupon, for every twenty words,		2
For filing the depositions in every cause in behalf of each party,		26
For a copy of the depositions, for every twenty words,		2

The clerk of the high court of chancery.

TO THE CLERK OF THE GENERAL COURT.
For a copy of a warrant and inquisition of escheat,	1	92
Or of an inquistion of escheat,	0	83
For the probation of any testament and recording the same, for entering the 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 entering the order or orders for appraising the estate, recording the inventory, or for any other matter concerning the same where the appraisement doth not amount to above three hundred dollars,	3	56
Or where the appraisement exceeds three hundred dollars, and is under fifteen hundred dollars,	5	0
Or where the appraisement exceeds fifteen hundred dollars, or there is no appraisement,	7	0

The clerk of the general court,

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385

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

	Dols.	Cts.
For a copy of a probat, or commission of administration,	0	70
For recording the memorial of each bargain, sale, mortgage, or other conveyance marriage settlement, or deed of trust, there shall be paid by the person to whom the same shall be made,	0	18
For recording the certificate of a probat, or administration,	0	18
For a copy of a will, or inventory,	0	70
And if the original is contained in more sheets than one, for a copy of every such sheet,	0	52
For a copy of an account,	0	35
For recording of a deed or deeds for the conveying or settling any lands or tenements only, or together with slaves or personal estate, or any way concerning the same, acknowledged or proved in the general court,	2	62
For a copy of such deed or deeds, with the endorsements thereon, and for a certificate of the acknowledgment and proof, and recording,	1	57
For issuing a commission to take the acknowledgment and privy examination of a feme covert, and recording it with the return of the commissioners,	0	87
For a copy thereof,	0	52
For recording a deed concerning slaves, or any personal matter only,	1	22
For a copy thereof with a certificate of the acknowledgment or proof, and recording,	0	70
Provided however, that for a deed of gift for slaves only, or for a copy thereof, there shall be allowed only	0	35
For recording a letter of attorney, acknowledged and proved in the general court, and every thing relating thereto,	1	22
For a copy thereof,	0	70
For recording a bond with condition other than for performance of covenants in deeds of conveyance or settlement of lands,	0	70
For a copy of a bond with condition,	0	35

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386

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

IN ACTIONS AND OTHER SUITS.
	Dols.	Cts.
For every writ of error, supersedeas, or scire facias,	0	43
For taking bond on issuing a writ of error or supersedeas,	0	43
For every other writ in any action or suit whatsoever,	0	35
For entering the sheriff's return, and entering the bail by him returned in the rule book,	0	35
For entering special bail,	0	35
For entering the personal appearance of the plaintiff or defendant, or the appearance of an attorney for either party,	0	18
For entering security for costs for persons out of the country,	0	35
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,	0	35
For a copy of every declaration, plea or demurrer, or of errors,	0	35
For every rule entered in the rule book,	0	35
For a copy of every rule,	0	18
For every order in court before trial,	0	18
For a copy of the same,	0	18
For filing papers for each party in any action or suit,	0	26
For docketing every cause on the docket (to be charged but once)	0	18
For every trial, swearing the jury and witnesses, and recording a general verdict,	0	87
For administering an oath or affirmation in court, except witnesses to a jury,	0	18
For every trial where there is a special verdict, swearing the witnesses and jury, and recording such verdict,	1	30
And where there is no jury, but a case agreed,	0	43
For swearing witnesses for each party in every cause where there is no jury,	0	26
For a copy of a case agreed, or notes of a special verdict,	0	43
For entering every order made in court, after verdict or demurrer joined,	0	18

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387

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

	Dols.	Cts.
For entering every continuance on the court docket,	0	18
For entering every judgment,	0	18
For making a complete record of 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,	0	2
For a copy thereof, or any part thereof, the same.
For a recognizance in court,	0	35
For filing a return of a habeas corpus,	0	26
For filing the record on a writ of error,	0	26
For a copy of such record for every twenty words,	0	2

TO THE CLERK OF THE GENERAL COURT OR HIGH COURT OF CHANCERY, [as the case may be.]
For taking a bond upon issuing injunctions,	0	43
For every dedimus potestatem,	0	35
For recording the report of auditors, when it is desired,	0	70
For making a complete record of every cause, for every twenty words,	0	2
For filing the return of a certiorari,	0	26
For taxing the costs in any action or suit, and a copy thereof,	0	35
For recording any thing not herein particularly mentioned, or for a copy thereof, for every twenty words	0	2
For a search for any thing, if above a year's standing, or reading the same, or any part thereof, if required, if a copy be not taken,	0	18
For every order to a witness for attendance, (to be charged to the party against whom the order goes)	0	18

The clerk of the general court, or the high court of chancery.

TO THE CLERKS OF THE DISTRICT COURTS.
For issuing a summons on a petition for lapsed lands,	0	87
For every order thereon,	0	26
In all other cases, the same fees with those of the county courts, for similar services; and

The clerks of the district courts.

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388

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

for all other services the same as those of the
clerk of the general court.

TO THE CLERK OF A DISTRICT COURT, OR THE CLERK OF THE HIGH COURT OF CHANCERY, [as the case may be.]
	Dols.	Cts.
For filing the record upon an appeal, or supersedeas from a county court, or any inferior court,	0 [0	25 26]
For a copy of such record, for every twenty words,	0	2

The clerks of the district courts or the clerk of the high court of chancery.

TO THE CLERKS OF THE COUNTY AND CORPORATION COURTS.
For every writ in the nature of an ad quod damnum, (to be paid upon issuing such writ)	0	83
For recording the same with the inquisition thereupon, to be paid before inquisition recorded)	1	92
For a copy of such writ and inquisition (to be paid down)	0	83
For taking a bond upon issuing injunctions in chancery,	0	35
For recording deeds of lease and release, for conveying or settling of lands only, or together with slaves and personal estate, bond to perform covenants, certificate of the proof or acknowledgment, as the case is, and all matters relating thereto,	2	62
For a copy thereof,	0	95
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 covenants, certificate of the proof or acknowledgment, as the case is, and all matters relating thereto,	1	75
For a copy thereof,	0	70
For issuing and recording a commission to take the acknowledgment and privy examination of a feme covert, with the certificate of the commissioners, if such commission be required,	0	70
For a copy thereof,	0	35
For recording a patent,	0	87

The clerks of the county and corporation courts.

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389

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

	Dols.	Cts.
For a copy thereof,	0	43
For recording a deed concerning slaves, or any personal matter or thing only, with certificate of its proof or acknowledgment,	0	70
For a copy thereof,	0	52
Provided however, that for a deed of gift for slaves only, or for a copy thereof, there shall be allowed only,	0	35
For recording a letter of attorney,	0	52
For a certificate of the proof or acknowledgment thereof,	0	18
For a copy of a letter of attorney with such certificate,	0	43
For recording a bond with condition, other than for performance of covenants in deeds of conveyance, or settlement of lands,	0	35
For a copy of a bond, with condition, other than an appeal bond, the same,
For a copy of any other obligation or promissory note,	0	18
For the probation of any will or testament, and recording the same, entering the order or orders for appraising the estate, and for any other matter concerning the same, where the will shall be contained in one sheet,	0	70
And if the will is contained in more than one sheet, for every such sheet,	0	35
For a commission of administration of the goods of any person dying intestate, for entering the order or orders of appraisement, and for any other matters concerning the same,	0	70
For recording an inventory, where the appraisement doth not amount to more than thirty dollars,	0	18
Where the appraisement exceeds that value, and is under one hundred and fifty dollars,	0	87
And where it shall exceed one hundred and fifty dollars, and is under three hundred dollars,	1	75
And where it shall exceed three hundred dollars, or there is no appraisement,	4	37
For a copy of a will or inventory, if the original is contained in one sheet,	0	52
If the original is contained in more sheets than

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390

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

	Dols.	Cts.
one, for a copy of every such sheet besides the first,	0	35
For recording the age of a servant or slave, adjudged in court,	0	18
For a certificate thereof if required,	0	14
For attending a court for examination of criminals and trial of slates, if the court is held for that purpose (to be paid by the public)	3	50
For a copy of a list of tithables, in his precinct,	0	35
For the whole fee for an ordinary license and bond,	0	87
For a copy of the rates of liquors,	0	26
For a marriage license, certificate, and bond,	0	87
For every search for any thing above a year's standing if a copy be not taken,	0	8
For reading any thing, if a copy be not required,	0	8

IN ACTIONS AND OTHER SUITS.
For every writ, other than such as are herein particularly mentioned,	0	18
For a copy of such writ,	0	8
For every writ of execution, or scire facias,	0	26
For a copy thereof,	0	14
For recording the return thereof,	0	14
For a writ of attachment, in any action,	0	26
For recording the return thereof,	0	26
For an attachment granted by a justice of the peace, returnable to the court, and recording the return and putting the same on the docket,	0	35
For every summons to summon a garnishee on such attachment,	0	18
For filing every bail bond, or entering the bail returned,	0	18
For docketing every cause, except by petition (to be charged but once)	0	8
Fora copy of the return of any writ,	0	5
For entering special bail,	0	18
For entering security for costs for persons out of the country,	0	18
For entering the appearance of the defendant or defendants, where there is no attorney, in any suit, except by petition,	0	8
For entering one or more attornies for each party,	0	8

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391

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

	Dols.	Cts.
For every petition, declaration, or other pleadings, except in suits by petition for debt, detinue, assumpsit, or trover,	0	18
For a copy of any declaration, special plea, or demurrer,	0	18
For a copy of a plea, if the general issue,	0	5
For every trial, swearing the jury and witnesses, filing all papers, and recording a general verdict,	0	70
For every trial where there is a special verdict, or case agreed, and recording the same,	1	13
For swearing the witnesses in every other cause, where there is no jury or case agreed, except by petition,	0	18
For filing the papers of each party in every cause, except by petition, and where there is a jury or case agreed,	0	18
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,	0	2
For entering every judgment, or for a copy thereof,	0	18
For filing a bill, answer, replication, and other pleadings in chancery, for each,	0	18
For a copy thereof, for every thirty words,	0	2
For a commission to examine witnesses,	0	43
For attending and writing depositions taken against inspectors before justices of the peace,	1	75
For entering every decree in chancery,	0	26
For filing the depositions in any suit, for each party,	0	8
For every deposition taken in court,	0	18
For a copy of a deposition,	0	18
For administering an oath in court, not relating to the trial of any cause there depending, and certifying the same,	0	18
For every recognizance in court,	0	18
For entering the order or orders in any cause in one court,	0	26
For entering every order for attendance of witnesses,	0	18
For a copy of any order,	0	18

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392

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

	Dols.	Cts.
For recording the report of a jury in the county, surveyor, auditor, or viewers,	0	35
For a copy thereof,	0	35
For taxing costs to any judgment or decree, where costs are recovered, or for a copy of a bill of costs, if required,	0	20
For a copy of an account,	0	18
For entering an appeal, and taking bond to prosecute it,	0	35
For a copy of the bond,	0	18
For returning an appeal and security to the office of the court of chancery, or a district court, (as the case may be)	0	52
For returning a writ of error, supersedeas, certiorari, or habeas corpus,	0	35
For a copy of the proceedings of the cause, wherein the appeal is granted, for every thirty words,	0	2
For recording the acknowledgment of satisfaction of a judgment,	0	18
For entering each order for a witness's attendance, (to be charged to the party in whose behalf the witness is summoned, and taxed in the bill of costs, if such party recover)	0	18
For a copy thereof, to be taxed and charged in like manner,	0	18
For an attachment thereon, to be charged to the party against whom the attachment shall be issued,	0	18
For the whole fee chargeable for every petition for debt, detinue, assumpsit or trover, and all the proceedings therein, including a copy of the judgment and taxing costs, if required, except the respective fees for summoning witnesses, entering attornies, for every order for continuance, and for issuing execution, where any of those matters happen,	0	87
For entering an attorney in such petitions, to be paid by the party by whom such attorney shall be employed, and not to be taxed in the bill of costs,	0	8
For a summons for several witnesses living in one county, if summonses for all be taken out at one time,	0	18

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393

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

	Dols.	Cts.
For recording any thing not herein particularly mentioned, or for a copy thereof, for every thirty words,	0	2
For the acknowledgment and proof of any deed in the county court, and for certifying the same to be recorded in the general court,	0	52

Which said several fees shall be charged to the party at whose instance the business shall be performed, except where it is otherwise directed.

SECT. 3. The commissioner or commissioners of the high court of chancery may issue their tickets for the sums allowed by the said court, for services performed by them under the orders of the said court, and deliver them to the respective sheriffs, at the same time the clerk of the said court is directed by law to deliver his tickets; and the several sheriffs shall collect and account for them in the same manner, and under the like penalties, and shall have the same allowance for collecting and for insolvencies, as are prescribed in the case of the clerk of the said high court of chancery.

The commissioners of the high court of chancery.

SECT. 4. 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, although 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; neither shall the clerk tax any fee in the bill of costs for entering more than one attorney, although costs shall be adjudged against the adverse party.

Rules in taxing costs.

For all public services of the clerk, viz. entering
and issuing copies of orders for appointing
surveyors of highways, appointing constables,
grand juries, taking a list of tithables, entering
guardians accounts, and all matters relating
thereto; binding out poor orphans, and appointing
guardians, entering the levy and copies thereof,
and of the list of tithables for the collector,
and for entering and issuing the orders, except
against guardians, where they shall stand out in
contempt (to be charged to such

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394

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

	Dols.	Cts.
guardian) and issuing the orders for recommending sheriffs and justices, and for processioning, and all other public services for which no particular fee is allowed (to be levied annually by the justices of the county)	25	0

SECT. 5. And where a motion or suit shall be instituted against any person or persons for money due to the public, in the name of, or by the person authorised by law so to do, and judgment shall be recovered against him, her, or them, the clerk of the court wherein such motion or suit shall be instituted, shall and is hereby required to charge all the fees accruing thereon, to the person or persons against whom such judgment shall be obtained.

In suits or motions against public debtors.

SECT. 6. No county court clerk shall charge any fee for making up a complete record unless it be in causes where the title or bounds of lands are determined, or where he is to transmit the transcript of the record of any cause to the office of a superior court upon appeals, writs of error, supersedeas, habeas corpus, or certiorari.

In what cases county court clerks may charge fees for making up complete records.

SECT. 7. And to the end all persons chargeable with 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 fines, 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, 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.

Fee bills to be produced.

TO THE SHERIFF OR SERJEANT, (as the case may be,)
	Dols.	Cts.
For an arrest, bond, and return,	0	63
For returning a capias, non est inventus,	0	21
For serving a scire facias,	0	30

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395

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

	Dols.	Cts.
For serving any person with an order of court, and making return thereof,	0	30
For pillorying any person,	0	42
For putting into the stocks,	0	21
For ducking any person,	0	42
For putting in prison and releasement,	0	42
For serving a subpœna in chancery,	0	30
For serving a summons upon a petition for debt, detinue, assumpsit, or trover,	0	30
For serving a subpœna for a witness in any cause in court, except summoned in court,	0	21
For summoning an appraiser, auditor, viewer, or witness to any deed, will, or writing if required to be summoned, but not else,	0	21
For summoning and impannelling a jury, in every cause wherein a jury shall be sworn,	1	5
For coming to and attending the district 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) and for attending the district with stolen goods where there is no venire, the same.
For summoning the justices of the county and attending a court for the examination of a criminal (to be paid by the public)	4	20
For removing of every criminal from the county jail to a district jail, for every mile,	0	10
For removing a debtor by habeas corpus from the county jail to a district jail, for every mile,	0	4
For executing every condemned person, and all fees incident (to be paid as aforesaid)	5	25
For summoning a jury upon any inquisition, survey, writ of dower, or partition, if the jury appear,	3	15
And if the jury do not appear,	1	57
For making a return of a writ of dower, partition, or in the nature of an ad quod damnum,	1	5
For every day's attendance upon a jury in the county after they are sworn, or attendance upon a surveyor, when ordered by the court,	1	5
For serving a writ of habere facias seisinam, or habere facias possessionem,	1	5
For serving an attachment upon the body,	0	63
For serving a writ of distringas issuing from a

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396

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

	Dols.	Cts.
judgment in detinue when the specific thing shall be taken,	1	5
For serving a declaration in ejectment, if against one tenant,	0	63
And if against more tenants than one, for serving the declaration on every other tenant,	0	30
For whipping a servant, to be paid by the owner, and repaid by the servant,	0	42
For whipping a free person by order of court (to be paid by such person) the same.
For whipping a slave by order of the court, to be paid by the county, and repaid by the public,	0	42
For taking a bond or bonds to the creditor under the act, intituled, "An act for reducing into one, the several acts concerning executions, and for the relief of insolvent debtors,"	0	63
For proceeding to sell on any execution on behalf of the Commonwealth, or of any individual, if the property be actually sold, or the debt paid, the commissions of five per centum on the first three hundred dollars or ten thousand pounds of tobacco, and two per centum on all sums above that, and one half of such commission where he shall have proceeded to sale, and the defendant shall have replevied, and no other commission, fee, or reward shall be allowed upon any execution, except for the expense of removing and keeping the property taken.
For serving an attachment, or for making distress upon the goods exceeding ten dollars, if sold, the same fee as for serving an execution, where the goods do not exceed that value, or are not sold,	0	63
For every garnishee summoned on such attachment,	0	21
For executing any writ of distringas or attachment on a decree in chancery, the same fee or commissions upon the amount of the value of the goods and chattels recovered or money mentioned in such decree as is by law allowed for serving any other execution.
For serving and returning a general or district court writ, summons or order where the same

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397

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.

	Dols.	Cts.
is not comprehended in any of the foregoing articles	0	63
For making a proclamation as the law directs, in proving of wills or proceeding to outlawry,	0	42
For selling a servant at public outcry by order of court, and all fees incident,	0	42
For keeping and providing for a debtor in jail, each day,	0	21
For serving a justice's warrant,	0	21
For summoning a witness before a justice,	0	10
For all public services of the sheriff, to wit, attending the courts of claims, impannelling grand juries, publishing writs for electing delegates or senators, and attendance, serving all public orders of court (except against guardians where they shall stand out in contempt to be charged to such guardian) and all other public and county services (to be levied annually by the justices on the county)

SECT. 8. And when any person or persons presented by the grand jury, or prosecuted by the overseers of the poor, shall be discharged of such presentment or prosecution, the clerk, attorney for the Commonwealth, and sheriff, shall be entitled to no fees for the same, but it shall be deemed to be included in the public services; but if the party or parties so presented or prosecuted shall be convict, then in such case the clerk shall tax all such fees against such party or parties.

No fees to be charged to the defendants in presentments, if acquitted.

TO THE CORONER.
	Dols.	Cts.
For taking an inquisition on a dead body, (to be paid out of the estate of the deceased) if the same be sufficient, if not by the county,	2	80
For all other business done by him, the same fees as are allowed the sheriff for the same services.

Coroner's fees.

TO THE CONSTABLE.
	Dols.	Cts.
For serving a warrant,	0	21
For summoning a witness,	0	10
For summoning a coroner's jury and witnesses,	1	5
For putting into the stocks,	0	21

Constable's fees.

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	Dols.	Cts.
For whipping a servant (to be paid by the owner, and repaid by the servant)	0	21
For serving an execution or attachment, returnable before a justice,	0	21
For serving an attachment, returnable to the county court, against the estate of a debtor removing his effects out of the county,	0	63
For whipping a slave (to be paid by the overseer, if the lave is under an overseer, if not, by the master)	0	21
For removing any person suspected to become chargeable to the county, (to be paid by the overseers of the poor) for every mile,	0	4
The same for returning.

SECT. 9. The clerks of the general court, high court of chancery, court of appeals, and district courts, shall cause to be set up in some public place in their offices, and there constantly kept, a fair table of their fees herein before mentioned, on paid of forfeiting forty dollars, for every court day the same shall be missing through their neglect; and the clerk of every county and corporation court, shall in like manner set up a fair table of all other fees, herein before mentioned, in the courthouse of his county, to be there constantly kept, on pain of forfeiting twenty dollars, for every court day, the same shall be missing through his neglect; and the surveyor of every county shall also cause to be set up in some public place, in his office, and there constantly kept, a fair table of his fees, herein before mentioned, on paid of forfeiting three hundred dollars. All which penalties shall be to the person or persons, who shall inform or sue for the same, and shall and may be recovered in any court of record within this Commonwealth, by action of debt or information.

Table of fees to be set up.

SECT. 10. If any officer 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 whatever 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

Penalty for over charging.

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399

LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.


to the party injured, besides such fee or fees, six dollars for every particular article or fee so unjustly charged or demanded or taken; to be recovered with costs, in any court of record in this Commonwealth, by action of debt or information: Provided the same be sued for within twelve months after the offence shall be committed.
SECT. 11. And for the better collecting the said fees, Be it enacted, That the surveyor of every county shall, annually, before the twentieth day of January, and the clerk of every district, county and corporation court, respectively, shall, annually, before the first day of march, deliver or cause to be delivered, to the sheriff of every county in this state, and to the serjeant of every corporation, respectively, their accounts of fees due from any person or persons residing therein, which shall be signed by the clerks or surveyors respectively.	Surveyors and clerks of district and county courts to deliver accounts of fees to the sheriffs.
SECT. 12. And the said sheriffs and serjeants are hereby required and empowered to receive such accounts, and to collect, levy and receive the several sums of money therein charged of the persons chargeable therewith; and if such person or persons, after the said fees shall be demanded, shall refuse or delay to pay the same, till after the tenth day of April, in every year, the sheriff of that county, or serjeant of that corporation wherein such person resides, or of the county in which such fees became due, shall have full power, and are hereby required, to make distress of the slaves, or goods and chattels of the party so refusing or delaying payment, either in that county or corporation where such person inhabits, or where the same fees became due. And the sheriff of any county, or serjeant of a corporation, for all fees which shall remain due and unpaid after the said tenth day of April in any year, either to themselves or the sheriffs or serjeants of another county or corporation, which shall be put into his hands to collect as aforesaid, is hereby authorised and empowered, to make distress and sale of the goods and chattels of the party refusing or delaying payment, in the same manner as for other fees due to any of the officers herein before mentioned; but no action, suit, petition or warrant from a justice, shall be had or maintained for clerks, or surveyors fees, unless the sheriff or serjeant shall return, that the person owing or chargeable with such fees hath not sufficient within his bailiwick whereon to make distress, except where the clerk, or other officer as aforesaid, shall have lost his fee book	Their duty in collecting them. No action to be brought for fees where distress can be made.

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LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.


by fire or other misfortune, so that he be hindered 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.
SECT. 13. Every sheriff of every county, and every serjeant of every corporation, shall, on or before the last day of May, in every year, account with the clerks of the respective district, county and corporation courts, and the respective surveyors, for all fees put into his hands pursuant to this act, and pay the same, abating six per centum for collecting. And if any sheriff or serjeant shall refuse to account or pay the whole amount of fees put into his hands, after the deductions aforesaid made, together with an allowance of what is charged to persons not dwelling, or having no visible estate, in his county, it shall and may be lawful for the clerks or surveyors, their executors or administrators, upon a motion made in the next succeeding district court, or in the court of the county of such sheriff, or in the court of the corporation of such serjeant, to demand judgment against such sheriff or serjeant, 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 the sheriff have ten days previous notice of such motion.	When the sheriffs are to account for them. Remedy against them in case of refusal.
SECT. 14. The clerks of the court of appeals, high court of chancery, and general court, shall deliver their tickets to the respective sheriffs and serjeants, annually before the first day of May, and the sheriffs and serjeants shall receive and collect the same, and shall distrain and make sale of the debtor's slaves, goods or chattels, for all such tickets as shall remain unpaid after the first day of July, in any year; and if the said sheriffs or serjeants shall fail to pay the said fees to the respective clerks at their offices in Richmond, or such town or place as the treasury may be kept at, by the fifteenth day of September, annually, abating ten per centum for collecting, and making an allowance for insolvencies and non-residents, having no estates within their counties, which shall be accounted for on oath; the said clerks or either of them, their executors or administrators, upon motion made in the court of the district, county or corporation, in which the sheriff	Clerks of the court of appeals, of the high court of chancery and general court to deliver accounts of fees to sheriffs. Remedy against hem for failing to account for them.

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LAWS OF VIRGINIA, OCTOBER 1792−−17th OF COMMONWEALTH.


or serjeant failing to make payment as aforesaid, may be found, may demand judgment against him for all fees, wherewith he shall be chargeable by this act, and such court respectively shall enter judgment accordingly; provided the sheriff have ten days notice of such motion; and judgment may be obtained as aforesaid against any under sheriff, who may fail to add the name of his principal to the receipt for such fees.
SECT. 15. The executors or administrators of any such sheriff, under sheriff, or serjeant, shall be liable to judgment as aforesaid, for the fees received, to be collected by their testator or intestate, and accounted for. Every receipt for fees produced in evidence on any such motion, shall be deemed to be the act of the person subscribing it, unless he shall deny the same upon oath.	Sheriff's receipt to be deemed his act unless denied upon oath.
SECT. 16. The clerks of the said courts, their executors or administrators, may obtain judgments as aforesaid, for all balances now due to them from any sheriff, under sheriff, or serjeant, on account of fees heretofore put into their hands to be collected.
The judges of the superior courts (except the general court) shall make such allowances from time to time to their respective officers as they shall think reasonable; taking into account the time past for which no allowance hath been made by the Assembly; which allowances when made and audited, shall be paid by the treasurer out of any public money in his hands.	Superior courts to make allowances to their officers.
SECT. 17. All acts or parts of acts, coming within the purview of this act, shall be, and are hereby repealed. Provided always, that nothing in this act shall be construed to affect any rights, remedies, fines, forfeitures, penalties, or amercements which have accrued, been vested, or incurred prior to the commencement of this act.	Former acts repealed, proviso.
SECT. 18. This act shall commence and be in force from and after the passing thereof.	Commencement of the act.

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Pages 402-422

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