Chap. 461.—An ACT to amend and re-enact sections thirty-five hundred and
forty-nine and thirty-five hundred and fifty of the code of Virginia, in refer-
ence to allowance to witnesses; how and by whom entered; by whom and
upon what certificate paid, and requiring lists, certified by the judge of the
court and the clerk thereof, of all allowances made witnesses on behalf of
the commonwealth, to be sent to the treasurer of the county or city and to
the auditor of public accounts immediately after the adjournment of any
court.

Approved February 27, 1896.

1. Be it enacted by the general assembly of Virginia, That sec-
tions thirty-five hundred and forty-nine and thirty-five hundred and
fifty of the code of Virginia be amended and re-enacted so as to read
as follows:

§ 3549. Allowance to witness; how and by whom entered.—A
person attending asa witness under a summons shall have fifty
cents for each day’s attendance, and four cents per mile for each
mile beyond ten miles necessarily traveled to the place of attend-
ance, and the same for returning, besides the tolls at the bridges
aud ferries which he crosses, or turnpike gates he may pass. On
his oath an entry of the sum he is entitled to, and for what and by
what party it is to be paid, shall be made when the attendance is
before either house or a committee of the general assembly by the
clerk of such house or committee, and in other cases by the clerk of
the court in which the case is or the person before whom the witness
attended, except that where the attendance was on behalf of the
commonwealth before a court or justice the entry shall be made
upon the minutes of the court in which the case is, or to whose clerk
the certificates mentioned in section seven hundred and eighteen of
the code are transmitted. A witness summoned to attend in several
cases may have the entry made against either of the parties by whom
he ig summoned, but no witness shall be allowed for his attendance
in more than one case at the same time.

§ 3550. By whom and upon what certificate paid; duty of clerk;
by whom dispute between witness and party determined.—The sum
to which a witness is entitled shall be paid out of the treasury in
any case of attendance before either house or a committee of the
general assembly, and in any other case in which the attendance is
for the commonwealth, except where it is otherwise specially pro-
vided. In all other cases it shall be paid by the party for whom the
summons issued. The payment shall be on a certificate of the person
required by the preceding section to make the entry, or the clerk of
the court in whose minutes the entry is made. The certificate shall
express by letters, and not by figures, the separate amounts to
which the witness is entitled for his attendance, traveling, and tolls
and ferriages which he may have to pay, and the aggregate thereof.
No clerk or other person authorized to make such entry or give such
certificate shall become interested, by purchase, in any claim pay-
able out of the public treasury, which by law he is authorized to
certify; and it shall be the duty of such clerk, immediately after
the adjournment of any court, to make out two lists of all entries
made, on behalf of witnesses attending for the commonwealth, and
certify one to the auditor of public accounts and the other to the
county or city treasurer, to which lists shall be attached a certificate
to the correctness of the allowances therein and the aggregate amount
thereof, signed by the judge of the court and the clerk. Any dis-
pute, before or after issuing the certificate between the witness and
the party against whom his claim is made as to its justice or amount,
may, when the case is in a court or before a justice, be determined
by such court or justice. The auditor of public accounts shall pre-
serve in his office all such lists which shall be forwarded to him.
He shall not issue a warrant for any claim allowed by a court to a
witness, unless it appears upon the list, certified as herein provided ;
and upon the payment of any such claim the date of payment shall
be noted on such list.