{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1609.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1609.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1609.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1609.3.html"}],"law_id":55776,"edition_id":1,"section_id":55776,"structure_id":13630,"section_number":"15.2-1609.3","catch_line":"Fees and mileage allowances","history":"Code 1950, \u00a7\u00a7 14-82, 14-100, 14-105, 14-106; 1964, c. 386, \u00a7\u00a7 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.","full_text":"A\n\nEvery sheriff, and every sheriff’s deputy, shall collect all fees and mileage allowances provided by law for the services of such officer, other than those he is entitled to receive from the Commonwealth or from the county or city for which he is elected or appointed and fees and mileage allowances provided for services in connection with the prosecution of any criminal matter in the circuit courts. However, no fee shall be charged for serving any public orders, for summoning or impaneling grand juries, or for services in elections except as provided under Title 24.2.B\n\nAll fees and mileage allowances accruing in connection with any civil or criminal matter shall be collected by the clerk of the court in which the case is heard and paid by him into the treasury of the county or city in which the case is heard. All fees collected by or for every sheriff and deputy shall be paid into the treasury of the county or city for which he is elected or appointed, on or before the tenth day of the month next succeeding that in which the fees are collected. The treasurer of each county and city shall credit such amounts in excess of such fees received in fiscal year 1994 to the account of the Commonwealth to be remitted to the State Treasurer along with other funds due to the Commonwealth.C\n\nIn any case in which a sheriff makes a levy and advertises property for sale and by reason of a settlement between the parties to the claim or suit he is not permitted to sell under the levy, the sheriff is not entitled to any 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 were performed the expenses incurred for advertisement of the proposed sale of the property.D\n\nWhen, after distraining or levying on tangible property the officer neither sells nor receives payment and either takes no forthcoming bond or takes one which is not forfeited, he shall, if not in default, have in addition to the $1 for a bond, if one was taken, a fee of $12. If the fee is more than one-half of what his commission would have amounted to if he had received payment, he shall, whether a bond was taken or not, receive a fee of at least $1 and so much more as is necessary to equal the one-half.","order_by":null,"text":{"0":{"id":204357,"text":"Every sheriff, and every sheriff’s deputy, shall collect all fees and mileage allowances provided by law for the services of such officer, other than those he is entitled to receive from the Commonwealth or from the county or city for which he is elected or appointed and fees and mileage allowances provided for services in connection with the prosecution of any criminal matter in the circuit courts. However, no fee shall be charged for serving any public orders, for summoning or impaneling grand juries, or for services in elections except as provided under Title 24.2.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204358,"text":"All fees and mileage allowances accruing in connection with any civil or criminal matter shall be collected by the clerk of the court in which the case is heard and paid by him into the treasury of the county or city in which the case is heard. All fees collected by or for every sheriff and deputy shall be paid into the treasury of the county or city for which he is elected or appointed, on or before the tenth day of the month next succeeding that in which the fees are collected. The treasurer of each county and city shall credit such amounts in excess of such fees received in fiscal year 1994 to the account of the Commonwealth to be remitted to the State Treasurer along with other funds due to the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204359,"text":"In any case in which a sheriff makes a levy and advertises property for sale and by reason of a settlement between the parties to the claim or suit he is not permitted to sell under the levy, the sheriff is not entitled to any 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 were performed the expenses incurred for advertisement of the proposed sale of the property.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":204360,"text":"When, after distraining or levying on tangible property the officer neither sells nor receives payment and either takes no forthcoming bond or takes one which is not forfeited, he shall, if not in default, have in addition to the $1 for a bond, if one was taken, a fee of $12. If the fee is more than one-half of what his commission would have amounted to if he had received payment, he shall, whether a bond was taken or not, receive a fee of at least $1 and so much more as is necessary to equal the one-half.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13630,"edition_id":1,"name":"Sheriff","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12877,"metadata":{},"date_created":"2026-06-26 03:45:26","date_modified":"2026-06-26 03:45:26","permalink":{"id":153363,"object_type":"structure","relational_id":13630,"identifier":"3","token":"15.2\/II\/16\/3","url":"\/15.2\/II\/16\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12877,"edition_id":1,"name":"Local Constitutional Officers, Courthouses and Supplies","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":153305,"object_type":"structure","relational_id":12877,"identifier":"16","token":"15.2\/II\/16","url":"\/15.2\/II\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82885,"structure_id":13630,"section_number":"15.2-1609","catch_line":"Sheriff","url":"\/15.2-1609\/","token":"15.2\/II\/16\/3\/15.2-1609","metadata":false},{"id":82997,"structure_id":13630,"section_number":"15.2-1609.1","catch_line":"Number of deputies","url":"\/15.2-1609.1\/","token":"15.2\/II\/16\/3\/15.2-1609.1","metadata":false},{"id":83479,"structure_id":13630,"section_number":"15.2-1609.10","catch_line":"Prohibited practices; collection of data","url":"\/15.2-1609.10\/","token":"15.2\/II\/16\/3\/15.2-1609.10","metadata":false},{"id":60167,"structure_id":13630,"section_number":"15.2-1609.11","catch_line":"Arrest or summons quota prohibited","url":"\/15.2-1609.11\/","token":"15.2\/II\/16\/3\/15.2-1609.11","metadata":false},{"id":60810,"structure_id":13630,"section_number":"15.2-1609.2","catch_line":"Sheriffs' salaries; salaries of certain full-time deputies; maximum limits","url":"\/15.2-1609.2\/","token":"15.2\/II\/16\/3\/15.2-1609.2","metadata":false},{"id":55776,"structure_id":13630,"section_number":"15.2-1609.3","catch_line":"Fees and mileage allowances","url":"\/15.2-1609.3\/","token":"15.2\/II\/16\/3\/15.2-1609.3","metadata":false},{"id":67447,"structure_id":13630,"section_number":"15.2-1609.4","catch_line":"Records of expenses of sheriffs and full-time deputies","url":"\/15.2-1609.4\/","token":"15.2\/II\/16\/3\/15.2-1609.4","metadata":false},{"id":66866,"structure_id":13630,"section_number":"15.2-1609.5","catch_line":"Submission of statement of expenses","url":"\/15.2-1609.5\/","token":"15.2\/II\/16\/3\/15.2-1609.5","metadata":false},{"id":63850,"structure_id":13630,"section_number":"15.2-1609.6","catch_line":"Agreements regarding traveling expenses","url":"\/15.2-1609.6\/","token":"15.2\/II\/16\/3\/15.2-1609.6","metadata":false},{"id":69929,"structure_id":13630,"section_number":"15.2-1609.7","catch_line":"Salaries and expense allowances to be paid by Commonwealth","url":"\/15.2-1609.7\/","token":"15.2\/II\/16\/3\/15.2-1609.7","metadata":false},{"id":76227,"structure_id":13630,"section_number":"15.2-1609.8","catch_line":"Payments to counties having certain optional forms of organization and government","url":"\/15.2-1609.8\/","token":"15.2\/II\/16\/3\/15.2-1609.8","metadata":false},{"id":66437,"structure_id":13630,"section_number":"15.2-1609.9","catch_line":"Compensation of part-time deputies","url":"\/15.2-1609.9\/","token":"15.2\/II\/16\/3\/15.2-1609.9","metadata":false},{"id":58330,"structure_id":13630,"section_number":"15.2-1610","catch_line":"Standard uniforms and motor vehicle markings to be adopted by sheriffs","url":"\/15.2-1610\/","token":"15.2\/II\/16\/3\/15.2-1610","metadata":false},{"id":69551,"structure_id":13630,"section_number":"15.2-1611","catch_line":"Alternate clothing for sheriff and deputies","url":"\/15.2-1611\/","token":"15.2\/II\/16\/3\/15.2-1611","metadata":false},{"id":77999,"structure_id":13630,"section_number":"15.2-1612","catch_line":"Wearing of same or similar uniforms by unauthorized persons; penalty","url":"\/15.2-1612\/","token":"15.2\/II\/16\/3\/15.2-1612","metadata":false},{"id":54601,"structure_id":13630,"section_number":"15.2-1612.1","catch_line":"Deputy sheriffs to complete course of instruction established by Department of Criminal Justice Services","url":"\/15.2-1612.1\/","token":"15.2\/II\/16\/3\/15.2-1612.1","metadata":false},{"id":60045,"structure_id":13630,"section_number":"15.2-1613","catch_line":"Operation of sheriff's office","url":"\/15.2-1613\/","token":"15.2\/II\/16\/3\/15.2-1613","metadata":false},{"id":62680,"structure_id":13630,"section_number":"15.2-1613.1","catch_line":"Processing fee may be imposed on certain individuals","url":"\/15.2-1613.1\/","token":"15.2\/II\/16\/3\/15.2-1613.1","metadata":false},{"id":58419,"structure_id":13630,"section_number":"15.2-1614","catch_line":"Destruction of receipts","url":"\/15.2-1614\/","token":"15.2\/II\/16\/3\/15.2-1614","metadata":false},{"id":63868,"structure_id":13630,"section_number":"15.2-1614.1","catch_line":"Expense of boarding and lodging jurors","url":"\/15.2-1614.1\/","token":"15.2\/II\/16\/3\/15.2-1614.1","metadata":false},{"id":57459,"structure_id":13630,"section_number":"15.2-1615","catch_line":"Sheriff to deposit funds, keep account of receipts and disbursements, keep books open for inspection","url":"\/15.2-1615\/","token":"15.2\/II\/16\/3\/15.2-1615","metadata":false},{"id":59723,"structure_id":13630,"section_number":"15.2-1615.1","catch_line":"Manner of payment of certain items in budgets of sheriffs","url":"\/15.2-1615.1\/","token":"15.2\/II\/16\/3\/15.2-1615.1","metadata":false},{"id":72282,"structure_id":13630,"section_number":"15.2-1616","catch_line":"When deputy may act in place of sheriff","url":"\/15.2-1616\/","token":"15.2\/II\/16\/3\/15.2-1616","metadata":false},{"id":75627,"structure_id":13630,"section_number":"15.2-1617","catch_line":"Deputies of deceased sheriffs","url":"\/15.2-1617\/","token":"15.2\/II\/16\/3\/15.2-1617","metadata":false},{"id":82367,"structure_id":13630,"section_number":"15.2-1618","catch_line":"Compensating certain law-enforcement officers disabled in performance of duty","url":"\/15.2-1618\/","token":"15.2\/II\/16\/3\/15.2-1618","metadata":false},{"id":55463,"structure_id":13630,"section_number":"15.2-1619","catch_line":"When officers not to take obligations","url":"\/15.2-1619\/","token":"15.2\/II\/16\/3\/15.2-1619","metadata":false},{"id":77254,"structure_id":13630,"section_number":"15.2-1620","catch_line":"Process, etc., sent to officer by mail","url":"\/15.2-1620\/","token":"15.2\/II\/16\/3\/15.2-1620","metadata":false},{"id":59113,"structure_id":13630,"section_number":"15.2-1621","catch_line":"Receipts to be given by officers","url":"\/15.2-1621\/","token":"15.2\/II\/16\/3\/15.2-1621","metadata":false},{"id":63534,"structure_id":13630,"section_number":"15.2-1622","catch_line":"Judgment against officer for money due from him","url":"\/15.2-1622\/","token":"15.2\/II\/16\/3\/15.2-1622","metadata":false},{"id":70970,"structure_id":13630,"section_number":"15.2-1623","catch_line":"Judgment for officer or sureties against deputy, etc., when officer liable for misconduct of deputy","url":"\/15.2-1623\/","token":"15.2\/II\/16\/3\/15.2-1623","metadata":false},{"id":75531,"structure_id":13630,"section_number":"15.2-1624","catch_line":"When judgment against officer or sureties has been obtained and paid","url":"\/15.2-1624\/","token":"15.2\/II\/16\/3\/15.2-1624","metadata":false},{"id":58365,"structure_id":13630,"section_number":"15.2-1625","catch_line":"In what court motions may be made","url":"\/15.2-1625\/","token":"15.2\/II\/16\/3\/15.2-1625","metadata":false}],"previous_section":{"id":60810,"structure_id":13630,"section_number":"15.2-1609.2","catch_line":"Sheriffs' salaries; salaries of certain full-time deputies; maximum limits","url":"\/15.2-1609.2\/","token":"15.2\/II\/16\/3\/15.2-1609.2","metadata":false},"next_section":{"id":67447,"structure_id":13630,"section_number":"15.2-1609.4","catch_line":"Records of expenses of sheriffs and full-time deputies","url":"\/15.2-1609.4\/","token":"15.2\/II\/16\/3\/15.2-1609.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1609.3\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 386; in 1975, chapter 591; in 1995, chapter 51<\/a>; in 1997, chapter 208<\/a>; in 1998, chapter 872<\/a>; in 2004, chapter 210<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":153385,"object_type":"law","relational_id":55776,"identifier":"15.2-1609.3","token":"15.2\/II\/16\/3\/15.2-1609.3","url":"\/15.2-1609.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1609.3\/","token":"15.2\/II\/16\/3\/15.2-1609.3","dublin_core":{"Title":"Fees and mileage allowances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1609.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every sheriff, and every sheriff’s deputy, shall collect all fees and mileage allowances provided by law<\/span> for the services of such officer, other than those he is entitled to receive from the Commonwealth or from the county<\/span> or city<\/span> for which he is elected or appointed and fees and mileage allowances provided for services in connection with the prosecution<\/span> of any criminal matter in the circuit<\/span> courts<\/span>. However, no fee shall be charged for serving any public orders<\/span>, for summoning or impaneling grand juries, or for services in elections except as provided under Title 24.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All fees and mileage allowances accruing in connection with any civil or criminal matter shall be collected by the clerk of the court<\/span> in which the case is heard and paid by him into the treasury of the county<\/span> or city<\/span> in which the case is heard. All fees collected by or for every sheriff and deputy shall be paid into the treasury of the county<\/span> or city<\/span> for which he is elected or appointed, on or before the tenth day of the month next succeeding that in which the fees are collected. The treasurer of each county<\/span> and city<\/span> shall credit such amounts in excess of such fees received in fiscal year 1994 to the account of the Commonwealth to be remitted to the State Treasurer along with other funds due to the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In any case in which a sheriff makes a levy<\/span> and advertises property for sale and by reason of a settlement<\/span> between the parties to the claim or suit he is not permitted to sell under the levy<\/span>, the sheriff is not entitled to any commissions, but in addition to his fees for making the levy<\/span> and return, he shall be entitled to recover from the party<\/span> for whom the services were performed the expenses incurred for advertisement of the proposed sale of the property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When, after distraining or levying on tangible property the officer neither sells nor receives payment and either takes no forthcoming bond<\/span> or takes one which is not forfeited, he shall, if not in default<\/span>, have in addition to the $1 for a bond<\/span>, if one was taken, a fee of $12. If the fee is more than one-half of what his commission would have amounted to if he had received payment, he shall, whether a bond<\/span> was taken or not, receive a fee of at least $1 and so much more as is necessary to equal the one-half. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFEES AND MILEAGE ALLOWANCES (\u00a7 15.2-1609.3)\n\nA. Every sheriff, and every sheriff’s deputy, shall collect all fees and\nmileage allowances provided by law for the services of such officer, other than\nthose he is entitled to receive from the Commonwealth or from the county or city\nfor which he is elected or appointed and fees and mileage allowances provided\nfor services in connection with the prosecution of any criminal matter in the\ncircuit courts. However, no fee shall be charged for serving any public orders,\nfor summoning or impaneling grand juries, or for services in elections except as\nprovided under Title 24.2.\n\nB. All fees and mileage allowances accruing in connection with any civil or\ncriminal matter shall be collected by the clerk of the court in which the case\nis heard and paid by him into the treasury of the county or city in which the\ncase is heard. All fees collected by or for every sheriff and deputy shall be\npaid into the treasury of the county or city for which he is elected or\nappointed, on or before the tenth day of the month next succeeding that in which\nthe fees are collected. The treasurer of each county and city shall credit such\namounts in excess of such fees received in fiscal year 1994 to the account of\nthe Commonwealth to be remitted to the State Treasurer along with other funds\ndue to the Commonwealth.\n\nC. In any case in which a sheriff makes a levy and advertises property for sale\nand by reason of a settlement between the parties to the claim or suit he is not\npermitted to sell under the levy, the sheriff is not entitled to any\ncommissions, but in addition to his fees for making the levy and return, he\nshall be entitled to recover from the party for whom the services were performed\nthe expenses incurred for advertisement of the proposed sale of the property.\n\nD. When, after distraining or levying on tangible property the officer neither\nsells nor receives payment and either takes no forthcoming bond or takes one\nwhich is not forfeited, he shall, if not in default, have in addition to the $1\nfor a bond, if one was taken, a fee of $12. If the fee is more than one-half of\nwhat his commission would have amounted to if he had received payment, he shall,\nwhether a bond was taken or not, receive a fee of at least $1 and so much more\nas is necessary to equal the one-half.\n\nHISTORY: Code 1950, \u00a7\u00a7 14-82, 14-100, 14-105, 14-106; 1964, c. 386, \u00a7\u00a7\n14.1-69, 14.1-89, 14.1-94, 14.1-95; 1971, Ex. Sess., c. 155; 1975, c. 591; 1995,\nc. 51; 1997, c. 208; 1998, c. 872; 2004, c. 210.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}