Chap. 163.—An ACT to amend and re-enact Section 3504 of the Code of Virginia
relating to the fees of Attorneys for the Commonwealth, clerks, enforcement
officers, et cetera, and the certification of their accounts payable out of the
State treasury. [fH B 116]

Approved March 10, 1942

1. Be it enacted by the General Assembly of Virginia, That section
thirty-five hundred and four of the Code of Virginia as heretofore
amended be amended and re-enacted so as to read as follows:

Section 3504. Fees of attorneys for Commonwealth, clerks, et
cetera.—Fees prescribed by law for services of attorneys for the Com-
monwealth, clerks of courts, and justices of the peace, and fees and
mileage prescribed by law for sheriffs, deputy sheriffs, sergeants, deputy
sergeants, constables, game wardens and all other law enforcement offi-
cers, 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, clerk of court and
justice of the peace, who shall have the full fee; and except that every
sheriff and constable shall have the full fee until he receives as much as
two hundred and fifty dollars, as aforesaid; provided, however, in no
case Shall said fee be paid out of the State treasury, unless the judge of
the court allowing the account shall certify to the comptroller that the
Auditor of Public Accounts has reported to him that he has actually
examined through one of his auditors the papers upon which the account
is founded and is satisfied that warrant was issued, trial had, or examina-
tion 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 shall certify to the comptroller that the
Auditor of Public Accounts has reported to him that reasonable effort
has been made to collect said costs. In so far as this section relates to
sheriffs, deputy sheriffs, sergeants, deputy sergeants, constables, game
wardens and all other law enforcement officers, regular and special not
enumerated herein, it shall apply only to fees for making arrests, sum-
moning witnesses and mileage.
cH. 164] ACTS OF ASSEMBLY 207

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