Chap. 504.—An ACT to amend and re-enact section 3504 of the Code of
Virginia. and to repeal section 3527 of the Code of 1887, as amended by
chapter 392, Acts 1918, approved March 20, 1918. [H B 409]

Approved March 28, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tion thirty-five hundred and four of the Code of Virginia be amended
and re-enacted so as to read as follows:

Sec. 3504. Fees of attorneys for Commonwealth, clerks, et cetera.
—Fees prescribed by law for services of attorneys for the Common-
wealth, clerks of courts, and justices of the peace, and fees and mile-
age prescribed by law for sheriffs, deputy sheriffs, sergeants, deputy
sergeants, constables, game wardens and all other law enforcement
officers, whether regular or special, in all cases of felony, and in
every prosecution for a misdemeanor, if 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, shall be paid out of the State treasury,
unless now or hereafter otherwise provided by law, when certified
as prescribed by section forty-nine hundred and sixty-one of the Code,
subject, however, to the following restrictions and limitations:

One-half the fee prescribed by law to the officers heretofore men-
tioned, except the attorney for the Commonwealth and clerk of court,
who shall have the full fee; provided, however, in no case shall said
fee be paid out of the State treasury unless the judge of the court
allowing the account certify to the auditor of public accounts that he
has actually examined the papers upon which the account is founded
and is satisfied that warrant was issued, trial had, or examination
made as shown in the account, and provided further, that in no
case, either felony or misdemeanor, except it be a case in which the
defendant was acquitted and no prosecutor was liable for payment of
the costs, shall the account be allowed or said fee paid unless the
judge of the court allowing the account certify to the auditor of
public accounts that the execution required by section forty-nine
hundred and sixty-four of the Code has been issued and proceeded
with and return made thereon. In so far as this act relates to sheriffs,
deputy sheriffs, sergeants, deputy sergeants, constables, game wardens
and all other law enforcement officers, regular and special, not enum-
erated herein, it shall apply only to fees for making arrests, sum-
moning witnesses and mileage.

2. Section thirty-five hundred and twenty-seven of the Code of
eighteen hundred and eighty-seven, as amended by chapter three hun-
dred and ninety-two, acts nineteen hundred and eighteen, approved
March twenty, nineteen hundred and eighteen, 1s hereby repealed.