Chap. 392.—An ACT to amend and re-enact sections 3527, 3580 and 3531 of the
Code of Virginia, as heretofore amended, in relation to fees of justices
of the peace, attorney for the Commonwealth, clerks, sheriffs, sergeants,
jailors, coronors, criers, constables, ete. {H B 175]

Approved March 20, 1918.

1. Be it enacted by the general assembly of Virginia, That
section three thousand five hundred and twenty-seven, three thou-
sand five hundred and thirty and three thousand five hundred and
thirty-one of the Code of Virginia, as heretofore amended, be amend-
ed and re-enacted so as to read as follows:

Section 3527. The fees of attorneys for the Commonwealth,
clerks, justices, sheriffs, sergeants, jailors, coroners, criers, and con-
stables, in all cases in which the defendant is indicated for a felony,
shall be paid out of the treasury of the State, when certified as pre-
scribed by section four thousand and eighty-four, whether an in-
dictment is found or not. And in every prosecution for a misde-
meanor, if the fees of said officers are not paid by the prosecutor,
or in cases of conviction, by the defendant, and in cases where there
is no prosecutor and the defendant shall be acquitted, or convicted
and unable to pay the costs, or where a nolle prosequi is entered or
judgment arrested, the full fee shall be paid by the auditor of pub-
lic accounts, when certified, as heretofore required, out of the State
treasury, but in no case shall said fees be paid unless the judge of
the court allowing the account certify that he has actually examined
the papers upon which the account is founded and that he is satis-
fied that warrant was issued and trial had or examination made,
provided that the police justice of a city shall not be entitled to re-
ceive out of the State treasury the fees provided in this section, but
every police justice shall be paid by the city for which he is police
Justice, except that in cities having a population of over sixty thou-
sand and under one hundred thousand inhabitants, the police justice
shall be allowed a salary of twenty-five hundred dollars per an-
num, payable out of the State treasury.

But in no case shall an account be allowed or paid unless verified
by the affidavit of the person rendering the services; and when al-
lowance is made for a guard or to a person to assist in making an
arrest, the account shall also be verified by the affidavit of such
guard or person employed to assist in making the arrest, or the per-
sonal representative of such guard, officer or person, if he be dead.

Section 3530. Fees for justices in such cases shall be as follows:
For issuing warrant of arrest, fifty cents; for trying or examining a
case of misdemeanor, fifty cents; for examining a charge of felony,
one dollar; for admitting any person to bail, one dollar.

Sec. 3531. To a sheriff, sergeant, coroner, crier or constable—For
serving a warrant or summons other than on a witness where no
arrest is made, sixty cents; for an arrest In a case of misdemeanor,
one dollar; for an arrest in a case of felony, one dollar and fifty
ents; for executing a search warrant, one dollar; for summoning
2 Witness in a felony case, forty cents; for summoning a witness in a
misdemeanor case, fifty cents; but not more than seventy-five cents
shall be allowed out of the treasury for summoning witnesses in a
case of misdemeanor, upon the trial of such misdemeanor before a
justice, nor more than one dollar in a case of felony, unless the jus-
tice shall certify that the witnesses in a case of felony, in excess of
five were examined on the trial and were material witnesses; and
when two or more persons are arrested under one warrant, or are
jointly charged or tried, the officer shall be entitled only to such fees
for summoning witnesses as if only one person was arrested, charged
or tried. For carrying a prisoner to jail under the order of a justice,
for each mile traveled of himself in going and returning, eight
cents; for each mile traveled of the prisoner in carrying him to jail,
where the distance is over ten miles, eight cents; for board of a
prisoner while under arrest and undergoing examination on a charge
of felony, or while carrying him to jail, the amount actually paid
by such officer, not exceeding one dollar per day; for each person
employed in making the arrest of any person charged with a felony.
not exceeding one dollar per day; for a guard in a case of felony.
per day, one dollar; for each mile traveled of guard in going to jail
and returning, eight cents; but no guard shall be paid in a case of
misdemeanor, or employed or paid in a felony case, unless the justice
order it and certify that such guard could not safely be dispensed
with. For executing the first writ of venire facias at a term, five
dollars, and one dollar and fifty cents for executing every other writ
of venire facias at same term; provided, that where an officer goes
out of his city or county to execute writ of venire facias, he shall
receive ten dollars for executing the writ, and his actual necessary
expenses, to be set out, in a sworn account to be approved by the
court.

Provided, however, that in no case shall there be more than
one fee allowed for several offenses growing out of the same act or
acts by any one party.