CHAPTER 367

An Act to amend and reenact § 14-96 of the Code of Virginia, relating to
fees payable out of the State treasury. 810
[S 12]

Approved March 30, 1960

Be it enacted by the General Assembly of Virginia:

Po That § 14-96 of the Code of Virginia be amended and reenacted as
ollows:

§ 14-96. Fees prescribed by law for services of clerks of courts, and
justices of the peace, and fees and mileage prescribed by law for game
wardens and all other law enforcement officers, whether regular or spe-
cial, other than sheriffs, deputy sheriffs, sergeants and deputy sergeants,
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 in which there is no prosecutor and the defendant shall be acquit-
ted, 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 certi-
fied as prescribed by § *19.1-817, subject, however, to the following re-
strictions and limitations:

One-half the fee prescribed by law to the officers heretofore men-
tioned, except the clerk of court and justice of the peace, who shall have
the full fee; provided, however, in no case shall such 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 re-
ported 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 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 such 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 such costs. In so far as
this section relates to game wardens and other law enforcement officers,
regular and special, not enumerated herein, it shall apply only to fees
for making arrests, summoning witnesses and mileage.

2. This act shall become effective on July 1, 1960.