Chapter 23. Commissioners in Chancery · Last amended 1998 · Last verified July 16, 2026
In one sentenceThis section authorizes a commissioner in chancery to charge notary-equivalent fees for notarial acts and court-set fees for other services, and lets him withhold his report until those fees are paid or secured unless the court orders otherwise for good cause.
Full Text of § 8.01-609.1
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A commissioner in chancery may, for services rendered by virtue of his office, charge the following fees, to wit:
For services which might be performed by notaries, the fees for such services and for any other service such fees as the court by which the commissioner is appointed may from time to time prescribe.
A commissioner shall not be compelled to make out or return a report until his fees therefor are paid or security given him to pay so much as may be adjudged appropriate by the court to which the report is to be returned or by the judge thereof in vacation, unless the court finds cause to order it to be made out and returned without such payment or security.
Plain-English Summary
A commissioner in chancery's work has a cost, and this section spells out how he gets paid for it. For services that might otherwise be performed by a notary, he may charge the fees notaries charge for that same work. For any other service he performs by virtue of his office, he may charge whatever fees the appointing court prescribes from time to time.
The section also gives the commissioner leverage to make sure he gets paid: he is not compelled to make out or return his report until his fees for it are paid, or security is given to pay whatever amount the court, or the judge in vacation, adjudges appropriate. That leverage bends only when the court finds cause to order the report made out and returned without requiring payment or security first.
Frequently Asked Questions
What fees can a commissioner in chancery charge for notary-type services?
The same fees allowed for such services when performed by notaries.
Who sets the fees a commissioner may charge for his other services?
The court by which the commissioner is appointed, which may prescribe those fees from time to time.
Can a commissioner withhold his report if his fees go unpaid?
Yes, he is not compelled to make out or return a report until his fees are paid or security is given to pay them.
Is there an exception to withholding the report over unpaid fees?
Yes, if the court finds cause to order the report made out and returned without such payment or security.
Who decides what amount of security is appropriate if fees are not paid up front?
The court to which the report is to be returned, or the judge of that court in vacation.
Amendment History
Code 1950, § 14-142; 1964, c. 386, § 14.1-133; 1998, c. 872.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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