15.2-1609.3 - Fees and mileage allowances.
§ 15.2-1609.3. Fees and mileage allowances.
A. Every sheriff, and every sheriff's deputy, shall collect all fees andmileage allowances provided by law for the services of such officer, otherthan those he is entitled to receive from the Commonwealth or from the countyor city for which he is elected or appointed and fees and mileage allowancesprovided for services in connection with the prosecution of any criminalmatter in the circuit courts. However, no fee shall be charged for servingany public orders, for summoning or impaneling grand juries, or for servicesin elections except as provided under Title 24.2.
B. All fees and mileage allowances accruing in connection with any civil orcriminal matter shall be collected by the clerk of the court in which thecase is heard and paid by him into the treasury of the county or city inwhich the case is heard. All fees collected by or for every sheriff anddeputy shall be paid into the treasury of the county or city for which he iselected or appointed, on or before the tenth day of the month next succeedingthat in which the fees are collected. The treasurer of each county and cityshall credit such amounts in excess of such fees received in fiscal year 1994to the account of the Commonwealth to be remitted to the State Treasureralong with other funds due to the Commonwealth.
C. In any case in which a sheriff makes a levy and advertises property forsale and by reason of a settlement between the parties to the claim or suithe is not permitted to sell under the levy, the sheriff is not entitled toany commissions, but in addition to his fees for making the levy and return,he shall be entitled to recover from the party for whom the services wereperformed the expenses incurred for advertisement of the proposed sale of theproperty.
D. When, after distraining or levying on tangible property the officerneither sells nor receives payment and either takes no forthcoming bond ortakes one which is not forfeited, he shall, if not in default, have inaddition to the $1 for a bond, if one was taken, a fee of $12. If the fee ismore than one-half of what his commission would have amounted to if he hadreceived payment, he shall, whether a bond was taken or not, receive a fee ofat least $1 and so much more as is necessary to equal the one-half.
(Code 1950, §§ 14-82, 14-100, 14-105, 14-106; 1964, c. 386, §§ 14.1-69,14.1-89, 14.1-94, 14.1-95; 1971, Ex. Sess., c. 155; 1975, c. 591; 1995, c.51; 1997, c. 208; 1998, c. 872; 2004, c. 210.)