Chap. 349.—An ACT to amend and re-enact Section 4960 of the Code of Virginia,
as heretofore amended, relating to compensation for officers in certain cases,
so as to provide that a witness without the State, who is compelled to attend
a court in this State whether for the Commonwealth or the accused, may be
paid by the State. [S B 328]

Approved March 30, 1940 |

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

Section 4960. Compensation to Officer for Services in Certain
Cases, Where No Other Compensation Is Provided.—A sheriff or
other officer, for traveling out of his county or corporation to execute
process in a criminal case, and doing any act in the service thereof,
for which no other compensation is provided, shall receive therefor,
out of the treasury, such compensation as the court from which the
process issued may certify to be reasonable. When in a criminal
case an officer or any person renders any other service, for which no
specific compensation is provided, the court in which such case is,
may allow therefor what it deems reasonable, and such allowance shall
be paid out of the treasury from the appropriation for criminal charges
on the certificate of the court stating the nature of the service. This
section shall not prevent any payment under section twenty-one
hundred and seventy-six, which could have been made if this section
had not been enacted. Any witness from without the State, whose
attendance is compelled under the provisions of chapter three hundred
and ninety-seven, of the Acts of the General Assembly of nineteen
hundred and thirty-eight, shall be deemed to render a service within
the meaning of this section, and the compensation and expenses of
such witness, whether on behalf of the Commonwealth or the accused,
may be paid out of the State treasury in accordance with the provisions
of this section.

Provided, however, that the compensation and expenses of any
witness summoned on behalf of an accused shall not be certified to
the treasury as a compensation under this act except in cases where
the court or judge thereof is satisfied that the defendant is without
means to pay same and is unable to provide the costs incident thereto.