§ 17.1-268. Fee for effort to serve when person cannot be found
Whenever a sheriff is required to serve a declaration in ejectment or an order, notice, summons or other process in a pending civil case and make return thereon and shall after due effort and without fault be unable to locate such person or make service of such process in some method provided by law, the sheriff shall be paid the same fee provided by law for serving an order, notice or other process and making return thereof, to be taxed as other costs. When service is required in a proceeding not pending in a court then the service shall be paid for by the party at whose instance it is had. No fee shall be paid unless the sheriff returns such paper unexecuted and makes and files therewith an affidavit setting forth the fact that he has made diligent effort to execute such paper and without avail.
(Code 1950, § 14-107; 1964, c. 386, § 14.1-96; 1971, Ex. Sess., c. 155; 1998, c. 872.)
Sections: Previous 17.1-261 17.1-262 17.1-263 17.1-264 17.1-265 17.1-266 17.1-267 17.1-268 17.1-269 17.1-270 17.1-271 17.1-272 17.1-273 17.1-274 17.1-275 NextLast modified: April 3, 2009