CHAPTER 709

An Act to amend and reenact §§ 4-10, 8-204, 14-5, 14-80, 14-47, 14-57, as
amended, 14-186, 14-187 as amended, 19-198, 22-67, as amended, and
54-58 of the Code of Virginia, relating generally to reimbursement
for certain expenses, and respectively, to allowances to witnesses testr-
fying before the Alcoholic Beverage Control Board, pay and mileage
of jurors, the general rate of mileage, the mileage to be received by
the members, officers and employees and legislative committees of the
General Assembly, the traveling expenses and hotel bills of circust
judges, the compensation of individual members of boards of super-
visors, allowances to witnesses for the Commonwealth, allowances to
other witnesses and how and by whom entered, compensation and
mileage of jurors in criminal cases and when and by whom paid, salary
of members of county school boards generally, and, compensation of
members and secretary and treasurer of the Board of Bar Examiners
and the expenses of the examinations conducted by that Board; to
amend the Code of Virginia by adding thereto new sections numbered
14-5.1 through 14-5.5, to regulate travel on State and local govern-
mental business, and compensation for the expenses in connection
therewith; and to repeal §§ 14-46 and 14-58 of the Code of Virginia,
relating, respectively, to mileage of Judges of the Supreme Court of
Appeals and of circuit courts, and to the mileage of members of the
boards of supervisors; and to repeal all acts or parts of acts in con-
flict therewith.

[H 420]

Approved April 9, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 4-10, 8-204, 14-5, 14-30, 14-47, 14-57, as amended, 14-186,
14-187, as amended, 19-193, 22-67, as amended, and 54-58 of the Code of
Virginia be amended and reenacted and that the Code of Virginia be
amended by adding thereto new sections numbered 14-5.1 through 14-5.5,
the amended and added sections being as follows:

§ 4-10. * When witness attendance or the service of process in @
hearing before the Board is at the instance of the Board, the witness shall
be entitled to the same allowance for expenses and compensation as wit-
nesses for the Commonwealth in criminal cases, such allowances to be paid
out of the fund from which other costs incurred by the Board are directed
to be paid upon certification to the Comptroller.

§ 8-204. Every person summoned as a juror shall be entitled to three
and one-half dollars for each day of attendance upon the court, and at the
rate of * seven cents per mile for each mile of travel on each day of such
attendance by the most direct route in going to and returning from court.
Such mileage in no case shall exceed * four dollars per day, except when
jurors have been summoned for the trial of a case provided for in § 8-198,
in which case the court may allow them their actual expenses in addition
to their per diem, such pay and mileage to be paid out of the county or
corporation levy.

When during the same day a person has served as a juror and he is
entitled to be paid out of the public treasury, and has also served as a
juror, under circumstances for which he is entitled to be paid out of the
county or corporation levy, the court shall divide the pay and mileage for
such day between the State and the county or corporation; and it shall be
the duty of the sheriff or sergeant, at the term of the court during which
an allowance is made or has been made under this section, to furnish the
clerk of the court with a statement, showing the number and names of the
jurors in attendance upon the court, and the number of miles respectively
of travel. In every case the claim of the juror for attendance and for
mileage shall be verified by his affidavit. In cities, when the jurors are
summoned to attend courts held in such cities, jurors shall receive for
each day of attendance upon the court without serving upon a jury the
same pay and mileage as if they served upon a jury.

14-5. * Any person traveling on State business shall be entitled to
reimbursement for such of his actual expenses as are necessary and ordi-
narily incident to such travel. If conveyance is by public transportation,
reimbursement shall be at the actual cost thereof. If conveyance is by
private transportation reimbursement shall be at the rate of seven cents
per mile. The provisions of this section shall not, however, affect the pro-
visions of § 14-80.

§ 14-5.1. Travel shall be over the most direct and practical route.
Reimbursement for the cost of conveyance shall not be certified to the
Comptroller for payment by State agencies in excess of the reimbursement
allowed in § 14-5 except in an emergency or, when in the interest of the
State, a greater expense is justified the facts in each such instance to be
stated in the expense account.

§ 14-5.2. Any person traveling on business of any town, city or
county wherein no part of the cost is borne by the State may be reimbursed
eg” such city, town or county on a basis not in excess of that provided in

14-5.

§ 14-5.8. Any person traveling on business of any town, city or
county wherein the State is required to bear a portion of the expenses may
be reimbursed by any such city, town, or county on a basis not in excess of
that provided in § 14-5 but the portion to be borne by the State shall be
subject to the approval of the State Compensation Board.

§ 14-5.4. Mileage of seven cents per mile allowed under § 14-5 shall
be construed to include all cost incident to the maintenance and operation
of private conveyances except ferry and bridge tolls.

8 14-5.5. All travel expense accounts shall be submitted on forms
prescribed or approved by the Comptroller. They shall be in adequately
explanatory detail and shall state the purpose of or reason for such travel
expense. The Comptroller shall withhold issuance or warrants on accounts
which do not comply with this section.

§ 14-30. The members of the General Assembly and officers and
employees of each house thereof, and members of legislative committees
which may sit during any recess of the General Assembly, each shall receive
as and for their mileage * seven cents per mile for every mile of necessary
travel to and from the place of meeting, to be computed according to the
nearest mail route, but shall not be reimbursed for other expenses.

§ 14-47. In determining the reimbursement to which circuit judges
are entitled under § 14-5, * judges who do not reside in the county seats
of the counties in which * they reside shall be reimbursed for travel
between their residences and such county seats.

§ 14-57. The annual compensation to be allowed each member of the
board of supervisors of any county shall be determined by dividing the
total amounts allowed the entire board in accordance with the provisions
of § 14-56 by the number of supervisors in the county, subject to the fol-
lowing exceptions:

(1) In any county having a population of more than eighty-five
hundred but not more than eighty-cight hundred fifty, and an area of more
than one hundred thirty-three square miles but not more than one hundred
forty-eight square miles, and having not more than three magisterial
districts, the annual compensation of each member of the board, including
mileage, shall be not less than four hundred eighty nor more than six
hundred dollars;

(la) In any county having a population of not less than twenty-six
thousand nor more than twenty-six thousand six hundred, the annual
compensation of each member of the board shall be not less than three
hundred dollars and not more than five hundred dollars;

(2) In any county having a population of more than twelve thousand
three hundred but less than twelve thousand six hundred, the annual
compensation of each member of the board shall be not less than three
hundred dollars with seventy-five dollars additional annually for the chair-
man of the board;

(3) In any county having a population of not less than thirteen
thousand nor more than thirteen thousand six hundred, and having five
magisterial districts, the annual compensation of each member of the
board shall not be less than two hundred forty nor more than three
hundred fifty dollars; |

(4) In any county having a population of more than eighteen thou-
sand but less than eighteen thousand nine hundred, according to the last
preceding United States census, and adjoining a city of the first class
having a population of more than thirty thousand, the annual compensa-
tion of each member of the board shall not be less than three hundred nor
more than seven hundred eighty dollars;

(5) In any county having a population of more than twenty-one
thousand two hundred but less than twenty-two thousand or having a
population of more than twenty-five thousand three hundred but less than
twenty-six thousand, the annual compensation of each member of the
board shall not be less than four hundred eighty nor more than nine hun-
dred dollars with an additional sixty dollars per annum for the chairman
of the board;

(6) In any county having a population of more than twenty-two thou-
sand but less than twenty-two thousand six hundred, the annual compen-
sation of each member of the board shall be four hundred dollars a year
pau ai additional one hundred dollars a year for the chairman of the

oard;

(7) In any county having a population of more than twenty-six
thousand five hundred but less than twenty-six thousand nine hundred and
in any county having a population of more than twenty-one thousand two
hundred fifty but less than twenty-one thousand nine hundred and in &
county having a population of more than thirty-one thousand three hun-
dred but less than thirty-one thousand nine hundred, the compensation
of each member of the board shall not be less than four hundred eighty
dollars nor more than nine hundred dollars with an additional sixty dollars
per annum for the chairman of the board;

(8) In any county having a population of not more than thirty thou-
sand and adjoining a city having a population of more than one hundred
thousand but less than one hundred and fifty thousand, and in any county
adjoining both a city having a population in excess of forty thousand and
a county containing wholly within its boundaries a city having a popula-
tion in excess of sixty thousand, and in any county having a population
of more than twenty-eight thousand and less than twenty-nine thousand,
the annual compensation of each member of the board shall be not less
than two hundred fifty nor more than six hundred dollars with an addi-
tional one hundred dollars a year for the chairman of the board; and any
member thereof who is responsible for the management of any county
lake shall receive in addition to his regular compensation not more than
four hundred dollars;

(9) In any county having a population of ninety thousand inhab-
itants or more and the board of supervisors of which has the duty of
supervising the operation of ferries owned in whole or in part by the
county, the annual compensation of each member of the board shall be
not less than fifteen hundred nor more than eighteen hundred dollars;

(10) In any county having a population in excess of forty thousand,
adjoining a county having a density of population in excess of one thou-
sand per square mile, the annual salary of each member of the board of
supervisors shall be not less than six hundred nor more than twenty-four
hundred dollars;

(11) In any county having therein properties of public service Cor-
porations assessed for taxation at an aggregate valuation of more than
ten million dollars, the annual compensation of each memher of the board
shall be not less than six hundred nor more than nine hundred dollars;

(12) In any county adjoining two cities of the first class, one of
which is located within the geographical boundaries of the county, and
on a navigable river, and in which county is located a military camp or
fort, the annual compensation of each member of the board shall be not
less than three hundred nor more than three hundred fifty dollars;

(13) In any county adjoining a city lying*wholly within the State
and having a population of not less than one hundred seventy thousand
inhabitants, the annual compensation of each member of the board shall
not be less than three hundred nor more than twelve hundred dollars;

(14) In any county having a population of more than twenty-two
thousand six hundred but less than twenty-three thousand the annual com-
pensation of each member of the board shall be not less than six hundred
nor more than eighteen hundred dollars per annum *;

(14a) The salary to be fixed as provided in § 14-56 of the Code
shall, in any county having a population of more than eleven thousand
eight hundred but less than eleven thousand nine hundred ten he not less
than six hundred dollars per annum or more than one thousand dollars
per annum, for each member of the governing body of any such county ;

(15) In any county having an area of more than three hundred
forty-five but less than three hundred fifty square miles the annual com-
pensation of each member of the board shall be not less than six hun-
dred nor more than eighteen hundred dollars per annum *.

(16) In any county having a population of more than twenty thousand
two hundred eighty but less than twenty thousand eight hundred the an-
nual compensation of each member of the board shall be not less than two
hundred dollars nor more than three hundred dollars, and the chairman
of the board shall receive additional compensation not to exceed three
hundred dollars per annum;

(17) In any county having a population of more than nine thousand
seven hundred fifty and less than ten thousand, which adjoins a city of
the first class, the total annual compensation of all members of the board
of supervisors may exceed twelve hundred dollars, but shall not be in
excess of sixteen hundred dollars;

(18) In any county having a population of not less than fifteen
thousand three hundred and not more than fifteen thousand four hun-
dred, the annual compensation of each member of the board of super-
visors or other governing body shall be three hundred dollars:

(19) In any county having a population of not less than eight
thousand four hundred sixty and not greater than eight thousand four
hundred ninety and in any county having a population of not less than
twelve thousand three hundred and not more than thirteen thousand
the annual compensation of each member of the board of supervisors or
other governing body shall be four hundred dollars;

(20) In any county having a population of more than twenty
thousand and not more than twenty thousand two hundred seventy-five
the annual compensation of the board of supervisors or other governing
body shall be not less than five hundred dollars and not more than six
hundred dollars;

(21) In any county having a population of not less than sixty
thousand and an area in excess of one thousand square miles the annual
compensation of each member of the board of supervisors or other govern-
ing body shall be not less than five hundred dollars;

(22) In any county having a population of not less than thirty-
two thousand nor more than thirty-three thousand eight hundred, the
annual compensation of each member of the board of supervisors shall
be five hundred dollars;

(23) In any county having a population of not less than twenty-
three thousand one hundred fifty and not more than twenty-three
thousand three hundred fifty the annual compensation of each member
of the board of supervisors or other governing body shall be not more
than nine hundred dollars;

(24) In any county having a population of more than ten thousand
five hundred and not more than eleven thousand five hundred, the annual
compensation of each member of the board of supervisors shall be not
more than four hundred dollars;

(25) In any county having a population of more than twenty-one
thousand one hundred fifty and not more than twenty-one thousand two
hundred the annual compensation of each member of the board of super-
visors shall be five hundred dollars;

(26) In any county having a population of more than twenty-three
thousand three hundred seventy-five and not more than twenty-three
thousand four hundred fifty the annual compensation of each member of
the board of supervisors shall be not less than six hundred dollars nor
more than one thousand dollars;

(27) In any county having a population of more than six thousand
two hundred ninety-seven and less than six thousand three hundred ten
and in any county having a population of more than six thousand five
hundred and less than six thousand seven hundred and in any county
having a population of more than twelve thousand four hundred but
less than twelve thousand seven hundred the maximum annual compen-
sation of each member of the governing body in any of the foregoing
counties shall not exceed one thousand dollars;

(28) In any county having a population in excess of fifteen thousand
seven hundred and not in excess of sixteen thousand the annual compen-
sation of each member of the board of supervisors shall be not less than
six hundred dollars;

(29) In any county having a population of more than fifteen thousand
four hundred and not more than fifteen thousand six hundred, the annual
compensation of each member of the board of supervisors shall be six
hundred dollars;

(30) In any county having a population of not less than twenty-
four thousand five hundred nor more than twenty-five thousand, the
annual compensation of each member of the board of supervisors shall be
not less than four hundred eighty dollars, payable monthly;

(31) In any county having a population of not less than thirty-five
thousand nor more than thirty-five thousand five hundred, the annual
compensation of each member of the board of supervisors shall be not
less than six hundred dollars, payable monthly ;

(32) In any county having a population of not less than twenty-
seven thousand five hundred nor more than twenty-eight thousand, the
annual compensation of each member of the board of supervisors shall be
six hundred dollars, payable monthly.

Each member of the board of supervisors of Franklin County shall
be paid four hundred eighty dollars per annum, payable monthly, and
each member of the board of supervisors of Rockingham County shall
be paid six hundred dollars per annum, payable monthly.

In any county having a population of not less than thirty-six thousand
five hundred nor more than thirty-nine thousand, the annual compensa-
fon of each member of the board of supervisors shall be six hundred

ollars.

In any county having a population of not less than twelve thousand
seven hundred eighty nor more than twelve thousand eight hundred
twenty, and in counties having a population of not less than sixteen
thousand nor more than seventeen thousand, the annual compensation
of each member of the board of supervisors or other governing body
shall be not less than three hundred dollars and not more than six
hundred dollars.

§ 14-186. All witnesses summoned for the Commonwealth shall he
entitled to receive for each day’s attendance fifty cents, all necessary
ferriage and tolls, and * seven cents per mile over five miles going and
returning to the place of trial or before a grand jury. All allowances to
witnesses summoned on behalf of the Commonwealth shall be paid by the
treasurer of the county or corporation in which the trial is had or in which
the grand gury is summoned and the amount so paid by such treasurer
shall be refunded to him out of the State treasury, on a certificate of the
clerk of the court in which the trial was had or before which the grand
jury was summoned.

§ 14-187. A person attending as a witness under a summons not
covered by § 14-186 shall have one dollar for each day’s attendance and
* seven cents per mile for each mile beyond ten miles necessarily traveled
to the place of attendance and the same for returning, besides the tolls at
the bridges and 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: (1) When the attendance is
before either house or a committee of the General Assembly by the clerk
of such house or committee and (2) in other cases by the clerk of the
court in which the case is or the person before whom the witness attended
except that when the attendance was on behalf of the Commonwealth
before a court or trial justice the entry shall be made upon the minutes
of the court in which the case is or to whose clerk the certificates men-
tioned in § 19-310 are transmitted. A witness summoned to attend in
several cases may have the entry made against either of the parties by
whom he is summoned, but no witness shall be allowed for his attendance
In more than one case at the same time.

§ 19-193. Every person summoned as a juror in a criminal case
shall be entitled to three and one-half dollars for each day of attendance
upon the court and mileage at the rate of * seven cents per mile for each
mile of travel on each day of such atendance (except when they are kept
together and their expenses are paid by the State) by most direct route in
going to and returning from court; but such mileage shall in no case
exceed * four dollars per day; provided that each juror summoned from
one county or city to try a criminal case in another county or city shall
for his services, receive his actual expenses in addition to his per diem.
If the same person attend as a juror in more than one criminal case on
the same day he shall receive compensation and mileage in only one case.
Amounts for attendance and mileage provided for in this section shall be
paid out of the State treasury except as hereinafter provided.

, When during the same day a person has served as a juror for which
he is entitled to be paid out of the State treasury, and has also served as a
juror for which he is entitled to be paid out of the county or corporation
levy, the court shall divide equally the pay and mileage for the day
between the State and county or corporation; and the sheriff of the circuit
or sergeant of the corporation or hustings court, at the term of the court
during which an allowance is made or has been made under this section,
shall furnish the clerk of the court with a statement showing the number
of names of the jurors in attendance upon the court and the number of
miles, respectively, of travel, as aforesaid. In every case the claim of the
juror for attendance and for mileage shall be vertified by his affidavit.

22-67. The county school board may in its discretion pay each
of its members an annual salary not exceeding two hundred forty dollars,
payable in equal monthly installments, and mileage to each member for
each day he is in attendance upon meetings of the board, not to exceed *
seven cents per mile for each mile of travel by the most direct route in
going to and returning from the place of meeting; provided that the
county school board of any county may in its discretion, pay to any mem-
bers of such board who serve on the committee for control of any joint
school established under the provisions of § 22-7 an additional amount not
in excess of ninety dollars per annum. Such salary and mileage shall be
paid as other school expenses are paid.

Provided that in counties having a population in excess of two
thousand a square mile and counties adjoining such counties the county
school board may pay each of its members an annual salary of not
exceeding nine hundred dollars, payable in equal monthly installments,
and in counties adjacent to cities having a population of not less than two
hundred ten thousand nor more than two hundred twenty-five thousand
the county school board may pay each of its members an annual salary
of not exceeding four hundred eighty dollars payable in equal monthly
installments and in counties having a population of not less than thirty-
seven thousand nor more than thirty-nine thousand, the county school
board may pay each of its members an annual salary of not exceeding
three hundred dollars, payable in equal monthly installments, and in
counties having a density of population of more than five hundred per
square mile, the county school board may pay each of its members an
annual salary of three hundred dollars, payable in equal monthly install-
ments, and in each county having a population in excess of forty thou-
sand and having eight or more magisterial districts, the county school
board may pay each of its members a maximum salary of three hundred
dollars in equal monthly installments, and in each county adjoining a
city lying wholly within this State with a population in excess of two
hundred twenty-five thousand, the county school board may pay each of
its members an annual salary not to exceed nine hundred dollars, payable
in equal monthly installments, and provided further, that in cities having
& population of not less than twenty-three thousand nor more than
twenty-nine thousand, and in cities having a population of not less than
thirty thousand nor more than forty thousand and in cities having a
population of not less than fifty-five thousand nor more than seventy
thousand, the school board may provide and pay a per diem not exceed-
ing ten dollars to each member for each day he is in attendance upon
meetings of the board, not to exceed twenty-four days in any one year,
and provided further, that in counties having a population of not less
than twenty-four thousand nor more than twenty-five thousand, and
in counties having a population of not less than six thousand two hundred
nor more than six thousand two hundred eighty, and in counties having
@ population of not less than nineteen thousand nor more than twenty
thousand and in counties having a population of not less than fifteen
thousand seven hundred nor more than seventeen thousand, and in coun-
ties having a population of not less than twelve thousand seven hundred
sixty nor more than twelve thousand eight hundred, and in counties
having a population of not less than twenty-six thousand nor more than
twenty-six thousand six hundred, and in counties having a population
of not less than five thousand nor more than six thousand, and in counties
having a population of not less than twenty-nine thousand nor more than
twenty-nine thousand seven hundred fifty, the county school board may
pay each of its members an annual salary of not exceeding three
hundred dollars, payable in equal monthly installments, and provided,
further, that in counties having a population of not less than twenty
thousand nor more than twenty thousand two hundred, and in counties
having a population of not less than twenty-six thousand seven hundred
nor more than twenty-seven thousand, and in counties having a popula-
tion of not less than forty-one thousand four hundred fifty nor more than
forty-two thousand, the county school board may pay each of its mem-
bers an annual salary not to exceed three hundred sixty dollars, payable
in equal monthly installments, and provided further, that in counties
having a population of not less than thirty-three thousand six hundred
nor more than thirty-four thousand, the county school board may pay
each of its members an annual salary not to exceed four hundred dollars,
payable in equal monthly installments, and provided further that in
counties having a population of not less than fifty-six thousand nor more
than fifty-seven thousand the county school board may, with the approval
of the governing body of said county, pay each of its members an annual
salary not exceeding six hundred dollars, payable in equal monthly install-
ments.

The population when referred to in this section shall be according
to the last preceding decennial United States census.

§ 54-58. The members of the Board shall each receive as compen-
sation ten dollars per day for the time spent in the discharge of their
duties as members, and mileage * at the rate of seven cents per mile to
meet the expenses incurred in going to, holding and returning from any
sessions of the board held for the discharge of any of the duties devolv-
ing upon them. The compensation of the secretary and treasurer shall
be fixed by the board, subject to the provisions of Chapter 9 of Title 2.
The per diem and mileage of the members of the board, the compensa-
tion of the secretary and treasurer, and the necessary expenses incurred
in conducting the examinations, shall be paid by the secretary and
treasurer out of the fund derived from fees paid by applicants. The
compensation for services and expenses herein provided for shall not
exceed the amount received as fees from applicants, which shall be fixed
by the rules and regulations adopted by the board, as hereinafter pro-
vided, relative to the examinations to be held by the board.

2. §§ 14-46 and 14-58 of the Code of Virginia, and all acts or parts of
acts in conflict with this act are repealed to the extent of such conflict.