Chap. 69.—An ACT to amend and re-enact section 4938 of the Code of Virginia,
in relation to the cost of printing records, and to certain sections applicable
to criminal and civil cases. [H B 71]

Approved March 2, 1934

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

Section 4938. Sections sixty-three hundred and fifty-six, sixty-three
hundred and fifty-seven, sixty-three hundred and seventy-two and
thirty four hundred and eighty-six shall apply as well to criminal cases
as to civil cases; provided, that in a felony case in the Supreme
Court of Appeals, if the plaintiff in error file with the clerk of the said
court an affidavit that he is unable to pay or secure to be paid the costs
of printing the record in the case, together with a certificate of the
judge of the trial court to the effect that he has investigated the matter
and is of opinion that the said plaintiff in error is unable to pay, or
secure to be paid, such costs, the printing shall be done as if the costs
had been paid and the clerk shall not be required to account for and pay
the same into the treasury; but if the said costs be not paid or secured
to be paid and upon the hearing of the case the judgment of the court
below be wholly affirmed by the Supreme Court of Appeals the said
court in affirming shall also give judgment in behalf of the Common-
wealth against the plaintiff in error for the amount of the said costs
to be taxed by its clerk.