                                 CODE OF VIRGINIA

FEES AND MILEAGE ALLOWANCES (§ 15.2-1609.3)

A. Every sheriff, and every sheriff&#8217;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. 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.

C. 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.

D. 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.

HISTORY: 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.