Chap. 481.—An ACT to amend and re-enact section 3504 of the Code of Virginia
as heretofore amended, relating to fees of certain officers. [S 327}

Approved March 25, 1924.

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 prose-
cution 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 follow-
ing 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; 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 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 mis-
demeanor, 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 ac-
count certify to the auditor of public accounts that the execution re-
quired 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 enumerated herein, it shall apply only to fees for making
arrests, summoning witnesses ‘and mileage.