Act of March 15, 1832, Ses. Acts 1831-2, ch. 68.

may charge a specific fee for the same of 0 36; for taxing the damages to which a party may be entitled in consequence of an appeal, writ of error or supersedeas, or upon an injunction, 0 40; upon an affirmance by a circuit court of a judgment or decree of a county or corporation court, or upon an affirmance by the court of appeals of a judgment or decree of a circuit court, there shall be allowed for issuing execution, entering case in execution book, and recording return of execution, 0 60; and if the affirmance by the court of appeals be in a case which originated in a county or corporation court, instead of the foregoing fee for the said services, there shall be allowed for the same, 1 20; upon a reversal by a circuit court of a judgment or decree of a county or corporation court, or upon a reversal by the court of appeals of a judgment or decree of a circuit court, there shall be allowed for issuing execution, entering case in execution book, and recording return of execution, 0 50; and if the reversal by the court of appeals be in a case which originated in a county or corporation court, instead of the foregoing fee for the said services, there shall be allowed for the same, 0 75; where execution is issued upon any decree in chancery, except where a higher fee is herein before allowed, there may be charged for issuing execution, entering case in execution book, and recording return thereof, 0 50; for all services not herein before provided for, the clerks of the said circuit courts shall receive the same fees as the clerks of county and corporation courts, for similar services.†

Act of March 2, 1819-January 1, 1820 R. C. ch. 85.

7. To the clerk of the general court. For a copy of a warrant and inquisition of escheat, $1 92; or of an inquisition of escheat, 1 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 50; or, where the appraisement exceeds three hundred dollars, and is under fifteen hundred dollars, 5 00; or, where the appraisement exceeds fifteen hundred dollars, or there is no appraisement, 7 00; for a copy of a probat, or a 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 a deed or deeds for the conveying

The act of March 6, 1832, c. 72, p. 44, requires the clerks of the several county and superior courts of law and chancery to affix the seals of their respective courts to any document designed to obtain a pension, revolutionary claim or land bounty, under either of the acts of congress, passed 15 May, 1828, or 5 July, 1832, without charging the tax imposed by law.

The act of March 7, 1835, c. 55, p. 37, extends the provisions of the foregoing act of 1832, to "citizens of Virginia, and all others entitled to draw pensions under the laws of this state, and to all persons residing in Virginia entitled to pensions under the laws of any other state.'

By act of March 15, 1838, c. 8, § 6, p.

18, it is enacted, that the reports which are required to be made by the commissioners to make sales of delinquent lands, and which shall be confirmed by the circuit superior courts, and "all proceedings, orders or decrees, which shall be had under that act or the act to which it is amendatory, shall be recorded by the clerks as other land causes are directed to be; and their fees for such services having been approved and allowed by the court, shall be paid out of the proceeds of the sales."

See act of Feb. 19, 1840, c. 55, § 2, p. 48, which authorized records that have been mutilated or destroyed to be recorded, and the same fee to be charged as allowed for making out the first record.

Act of March 2, 1819-January 1, 1820. R. C. ch. 85.

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 or 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; for a deed of gift for slaves only, or for a copy thereof, 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. 1792, c. 115, R. C.‡‡

In actions and other suits. 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 whatever, 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 case, 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; 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 02; 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, 026; for a copy of such record, for every twenty words, 0 02. Ibid.

For taking a bond upon issuing injunctions, 80 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 02; 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 02; 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; act 1819-20, c. 30;] for every order to a witness for attendance, (to be charged to the party against whom the order goes,) 0 18. Ibid.

The clerk of the general court is allow ed, by act of March 15, 1838, c. 8, § 7, p. 19,

for all duties required of him by that act, his legal fees, to be paid out of the treasury.

Act of 1831-2, ch. 68.

8. To the clerks of the county and corporation courts. Where any deed shall be admitted to record, whether in court or in the clerk's office, for receiving the proof or acknowledgment, entering all orders in relation thereto, writing certificate of clerk on the deed, making statement of the deed in the list returned to court, posting same at the courthouse door, recording same in minute-book, embracing same where necessary in the list made out for the commissioner of the revenue, and for every thing relating to the deed, except the recording in the deed-book, $0 50; for recording a plat, if not more than six courses, or for a copy thereof, 0 50; for every course above six, 0 03; for recording any deed, and all matter recorded therewith in the deed-book, except plats, the clerk may charge for every thirty words, 0 03; or if the deed be one of those herein after provided for, the clerk may, in lieu of the said allowance of three cents for thirty words, elect to charge the following specific fees, to wit: in the case of a deed conveying real and personal estate, or real estate alone, 1 00; for recording as aforesaid, where the deed relates to personalty only, if the same be a deed of trust, or mortgage, 1 00; for recording as aforesaid, where the deed conveys personalty only, and is not a deed of trust, or mortgage, 0 25; in the case of a power of attorney, for recording as aforesaid, 0 25; where any will shall be admitted to record, without any contest concerning the same, for swearing the witnesses, entering all orders in relation to the proof thereof, and copying such orders on the will, 0 50; where an executor qualifies, or administration is granted with the will annexed, for swearing such personal representative and his surety, making out bond, entering order, granting probat or letters of administration, and copying same on the will, copying order for the representative, entering orders of appraisement and copying same, and returning probat or administration to the clerk of the general court, 1 00; where administration is granted on the estate of an intestate, for swearing the administrator and his surety, making out bond, entering order granting administration, and copying same, entering orders of appraisement and copying same, and returning administration to the clerk of the general court, 1 00; where several executors or administrators qualify on the same estate, during the same term, only the same fee shall be charged as if one executor or administrator had qualified; but where at a subsequent term administration de bonis non is granted, the same fee may be charged as for the original qualification. And where an estate is committed to a sheriff or other officer, the clerk shall only be entitled for entering the order committing the estate and copying same, entering orders of appraisement and copying same, and returning administration to the clerk of the general court, to charge 0 50; for recording any will, and the matter recorded therewith in the will-book, the clerk may, at his election, charge 0 50; or for every thirty words, 0 03; where any of the following papers, to wit: An inventory, an appraisement, an inventory and appraisement, an account of sales, or an account of a guardian or other curator of a ward's estate shall be admitted to record, there may be charged for the order admitting any such paper to record, and for copying the order on such paper, 0. 25; and for the matter recorded, including the order, there may be charged, for every thirty words, 0 03; for entering an order directing the account of an executor, or other representative of a deceased person to lie one term, entering order admitting such account to record, and copying orders on the back of the account, there may be charged 0 37; and for the matter recorded, including the orders, there may be charged, for every thirty words, 0 03; for entering order granting license to keep an ordinary, administering oath where necessary, making out bond, copying order granting license, and all matters relating thereto, except for a copy of the rates of liquors, 1 00; for issuing a marriage license, administering oath where neces

Act of 1831-2, ch. 68.

sary, making out bond, recording certificate of marriage, and giving receipt for such certificate, 1 00; for every search for any thing above a year's standing 0 18; for entering every order in court, not otherwise provided for, the clerk may, at his election, charge three cents for every thirty words which shall actually have been written on the minute or order-book, or a specific fee for the same, of 0 18; for administering any oath or affirmation in court, not otherwise provided for, 0 12; where the seal of the court is annexed to a copy of a record, or any other paper, for annexing the seal, writing the certificate of the clerk accompanying the same, and writing certificate for the judge or presiding magistrate, if requested so to do, 0 37; for recording any thing, not otherwise provided for, for every thirty words, 0 03; for copying any thing to go out of the office, where the same is not otherwise provided for, the clerk may, at his election, charge a specific fee for the same, of eighteen cents, or for every thirty words, 0 02; for making out, in any other manner than copying, any paper to go out of the office, which is not otherwise provided for, the clerk may, at his election, charge a specific fee for the same, of eighteen cents, or for every thirty words, 0 03.

In actions and other suits. For making out an injunction bond, administering all necessary oaths, writing proper affidavits, making out release of errors, copying same, and endorsing on the subpæna that the bond and release of errors have been filed, 0 75; for making out any other bond, administering all necessary oaths, and writing proper affidavits, 0 50; for issuing a writ of ne exeat, and recording the return thereof, 0 50; for issuing a subpœna in chancery, where an injunction is endorsed thereon, and recording return of same, 0 36; for issuing a writ of replevin, 0 36; upon a writ of right, for issuing a præcipe quod reddat, or exigi facias, 0 36; for issuing a subpœna in chancery, where no injunction is endorsed thereon, a writ of capias ad respondendum, or any other writ not particularly provided for, and for recording the return in every case where proper to do so, 0 18; for docketing every cause on the rough docket and rule-book, (to be charged but once,) 0 08; for entering all the attorneys for each party in any cause, or where either party having no attorney appears in proper person, for entering the personal appearance of such party, 0 08; for filing and endorsing every petition, declaration, bill, answer, or other written pleading, or for entering any plea, replication, or other pleading which is not written, 0 15; for filing and endorsing every recognizance of special bail, and entering the bail's name in the rule-book, 0 18; for endorsing and filing any written notice from one party to another, of the defence relied upon in any ejectment, writ of right, or other real action, or for endorsing and filing written interrogatories from one party to another, or for endorsing and filing answers to such interrogatories, 0 15; for endorsing and filing all the depositions and affidavits of witnesses which may be filed at any one time, every report of a commissioner in chancery, or the exceptions of either party to such report, 0 08; for endorsing and filing every bill of exceptions, demurrer to evidence, special verdict, or case agreed, 0 08; for all papers filed on behalf of the plaintiff or plaintiffs, for which no particular fee is allowed, a fee may be charged (not for each paper, but for the whole) of 0 18; so, also, if the defendant or defendants cause papers to be filed, for which no particular fee is allowed, the defendants may be charged for the whole of such papers, 0 18; for issuing an attachment in any case, with a copy of the rule or order for the same, endorsed thereon, and recording the return thereof, where proper to do so, 0 36; for issuing a writ of scire facias, and recording the return thereof, 0 50; for issuing a commission to examine witnesses, administering oath where necessary as the foundation thereof, and writing affidavit, 0 50; for all the rules entered on behalf of the same parties,

Act of 1831-2, ch. 68.

plaintiffs or defendants, in any case during one rule week, 0 25; but where no proceedings are had in a case during any rule week, except to continue it at the rules, there shall be charged at the rate of twenty-five cents for every quarter of a year the case shall be so continued, and no more; so, also, where any action at law is on the court docket, and during the term no order of continuance is entered in it, there may be charged at every such term for docketing it, calling it and continuing it on the court docket, 0 08; for entering at any term the attendance of a witness, whether such attendance be then entered for that term only, or for that term and previous terms together, 0 18; for a copy of such entry of attendance, 0 18; in every case where a jury is empannelled, for swearing the jury and witnesses, 0 70; in any case where no jury is empannelled, if witnesses be examined by the court, for swearing such witnesses for either party, 0 18; for all judgments and all orders and proceedings in court, not otherwise provided for, which are entered in any cause for the same parties, plaintiffs or defendants, on the same day, the clerk may, at his election, charge three cents for every thirty words, which shall actually have been written on the minutes or order-book, or upon the rule-book, when final judgments are entered therein, or he may charge a specific fee for the same, of 0 18; for taxing costs in any cause which has not been pending more than a year,* 0 20; and where the same has been pending more than a year, then, for every additional year, a further sum of 0 10; for issuing any execution, entering case in execution book, and recording return thereof, 0 40; for making out a transcript of the record and proceedings in any case, in due form, so that the same may be used in an appellate court, for every thirty words, 0 02; for making up, in the book kept for that purpose, a record at large, in every case where the law requires the same to be made up, for every thirty words, 003; for every writ in the nature of an ad quod damnum, 0 83; and for other services in relation to such writ, the same fees as in other cases; upon an appeal from a judgment of a justice of the peace, the same fees as in other cases; on receiving the copy of a caveat, for entering such copy in a book kept for that purpose, 0 25; for issuing summons thereupon, 0 50; and for other services upon a caveat the same fees as in other cases.(1)

#

By act of March 19, 1839, c. 63, § 2, p. 41, it is enacted, "that when there shall be a judgment or decree of any court entered in favour of any party for the costs of suit, it shall be lawful for the clerk and other officers to charge to the party who may be liable to pay the costs as aforesaid, all fees due to such officers from the party so recovering costs for services in the suit; in which case, the amount of the fees so charged shall be deducted from the amount of the costs taxed in the suit; and the deduction shall be noted in the margin of the order book, and endorsed on every execution which may issue on the judgment or decree; and it shall be stated in the face of every ticket so issued, that the amount of it has been deducted from the costs recovered of the party as before mentioned. And if any clerk or officer shall issue any ticket under this act, without having such deduction so entered, or shall, by means of any such ticket, obtain or attempt to obtain payment a second time for the same service, he shall, for every such offence, forfeit and pay a sum not less than five, nor more than

twenty, dollars, recoverable by warrant before a justice of the peace for the use of the party aggrieved. No assignment or transfer of any judgment or decree to another shall deprive any officer of the right to charge his fees agreeably to this act.'

(1) By act of Feb. 15, 1833, Ses. Acts, 1832-3, c. 4, § 4, p. 8, it is provided that, "In all cases hereafter, where lands or lots, or parts thereof, shall be sold for the nonpayment of taxes, the clerk of the county or corporation court, in consideration of the additional labour required of him by the laws directing such sales, shall be entitled to demand and receive upon each tract of land or lot, or part of a tract of land or lot, so sold, a fee of twenty-five cents, to be paid by the purchaser thereof, and refunded to such purchaser, if the same be redeemed.”

By act of March 7, 1834, Acts 1833-4, c. 3, § 28, p. 15, and Acts 1840, c. 2, § 29, p. 13, it is enacted, that "for every license to a hawker or pedlar, or exhibitor of a public show, granted by a clerk under this act, he shall be entitled to demand and receive of the person to whom he grants the same a