Chap. 386.—An ACT to provide for the payment of salaries to sheriffs of counties
and, with certain exceptions, sergeants of cities, and to their full-time deputies,
and for the payment of expenses incurred by such officers: to abolish the fee
system as a method of compensating such officers; to provide for payment of
the cost of the feeding and clothing of, and medicines and medical attention for,
persons confined in jails and on jail farms; to make certain other provisions
incident to the abolition of the said fee system; and to repeal certain acts in
conflict with the provisions of this act. [S B 4]

Approved April 2, 1942
1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. Fee System Abolished ; Salaries Established for Sheriffs’
Sergeants and Their Full-Time deputies; How Certain Fees Collected
612 ACTS OF ASSEMBLY [va., 1942

Disposed of; Certain Limitations—(a) On and after the first day of
January, nineteen hundred and forty-three, the fee system as a method of
compensating the sheriffs of the counties and the sergeants of the cities.of
the Commonwealth of Virginia, and their full-time deputies, shall be
abolished. Thereafter such officers shall be paid salaries for their services
and allowances for the necessary expenses incurred in the performance of
their duties, including the cost of clerical assistance, office facilities and
supplies, telephone, telegraph and necessary travel, to be determined as
hereinafter provided. ,
(b) Every sheriff and sergeant, and every deputy of either, shall
thereafter, however, continue to collect all fees and mileage allowances
now or hereafter provided by law for the services of such officer, other
than such as he would have been entitled to receive from the Common-
wealth or from the county or city for which he is elected or appointed
and the fees and mileage allowances provided for services in connection
with the prosecution of any criminal matter. Such fees and mileage allow-
ances accruing in connection with any criminal matter shall be collected
by the clerk of the court in which the prosecution is had. Such fees as
are collected by the clerk of the court shall be paid by him into the treasury
of the county or city for which the sheriff or sergeant, on account of whose
services such fees are collected, is elected or appointed. All fees collected
by or for every sheriff, sergeant, and deputy of either, shall be paid into
the treasury of the county or city for which he is elected or appointed, on
or before the tenth day of the month next succeeding that in which the
same are collected. The treasurer of each county and city shall credit one-
third of such amounts to the general fund of his county or city and credit
two-thirds thereof to the account of the Commonwealth to be remitted to
the State Treasurer along with other funds due to the Commonwealth.
(c) The respective number of both full-time and part-time deputies
appointed by the sheriff of a county or the sergeant of a city shall be fixed
by the Compensation Board after receiving such recommendation of the
board of supervisors of the county or the council of the city, as the case
may be, as said board of supervisors or city council may desire to make.
Such recommendation, if any, shall be made to the Compensation Board
on or before the first day of October of each year. From any such action
of the Compensation Board, the sheriff or sergeant, or the board of super-
visors or city council, as the case may be, shall have the right to appeal to
the judge of the circuit court of such county or to the judge of the cor-
poration or hustings court of such city, and such judge, after considering
the relevant facts, shall enter an order fixing the number of such deputies.
(d) The provisions of this act, with respect to compensation and
expense allowances of sheriffs and their deputies, shall not apply to depu-
ties appointed especially for service in and about manufacturing, industrial
‘or defense establishments operated by or for the United States govern-
ment, but such deputies shall promptly pay into the treasury of the county
for which they are appointed and qualified all fees and mileage allowances
collected by them in the execution of all civil and criminal processes.
Section 2. Salaries and expenses of Sheriffs and Sergeants and
Their Full-Time Deputies ; How Fixed.—Within the limits and upon the
cH. 386] ACTS OF ASSEMBLY 613

bases prescribed in section three of this act, the salaries and expenses of
the sheriffs of the counties and the sergeants of the cities, and of their
full-time deputies, shall be fixed by the Compensation Board in like man-
ner as is provided for the fixing of the salaries and expenses of treasurers,
commissioners of the revenue, and attorneys for the Commonwealth by
sections ten, eleven, twelve and twelve-a of chapter three hundred and
sixty-four of the Acts of the General Assembly of nineteen hundred and
thirty-four. ,

Section 3. Factors to Be Considered; Advisory Compensation
Scales—(a) The annual salary of the sheriff of each county shall be not
less than twelve hundred dollars and not more than six thousand dollars.
The annual salary of the sergeant of each city shall be not Tess than twelve
hundred dollars and not more than six thousand dollars. The annual
salary of a full-time deputy of a sheriff or of a sergeant shall be not more
than two-thirds of the compensation fixed for the sheriff or sergeant of
his county or city, as the case may be, and in no instance shall it exceed
three thousand dollars. 3 :

(b) In fixing the salary of each sheriff and sergeant, and of each
of their full-time deputies, the Compensation Board shall take into con-
sideration the population and area of the county or city for which he is
elected or appointed, the number of persons committed to the jail thereof,
the aggregate number of days spent by prisoners in the jail thereof, the
compensation previously received by the said sheriff or sergeant and each
of their full-time deputies, the amount of fees collected by such officers,
and such other factors as the Compensation Board may deem proper.

(c) The said salaries shall be fixed, as far as may be consistent
with the factors hereinbefore required to be considered, according to the
following schedule: ,

(1) In the counties of Amelia, Appomattox, Bland, Charles City,
Clarke, Craig, Cumberland, Essex, Fluvanna, Gloucester, Goochland,
Greene, Highland, James City, King George, King and Queen, Madison,
Mathews, Middlesex, New Kent, Northumberland, Powhatan, Rappa-
hannock, Richmond, Stafford, Surry, Westmoreland and York, the salary
of each sheriff shall be not less than twelve hundred dollars and not more
than two thousand dollars per annum;

(2) In the counties of Bath, Charlotte, Culpeper, Floyd, Isle of
Wight, King William, Lancaster, Louisa, Page, Prince William, and
Spotsylvania, the salary of each sheriff shall be not less than one thousand
two hundred dollars and not more than two thousand five hundred dol-
lars;

(3) In the counties of Amherst, Botetourt, Buckingham, Fauquier,
Grayson, Hanover, Loudoun, Lunenburg, Nelson, Nottoway, Orange,
Patrick, Shenandoah and Warren the salary of each sheriff shall be not
less than two thousand dollars and not more than three thousand dollars
per annum; ,

(4) In the counties of Brunswick, Campbell, Carroll, Chesterfield,
Caroline, Greensville, Prince Edward, Sussex, and Warwick the salary
of each sheriff shall be not less than two thousand four hundred dollars
and not more than three thousand six hundred dollars per annum;
614 ACTS OF ASSEMBLY [va., 1942

(5) Inthe counties of Alleghany, Albemarle, Bedford, Dickenson,
Dinwiddie, Frederick, Giles, Henry, Mecklenburg, Northampton, Prince
George, Princess Anne, Pulaski, Rockbridge, Smyth, Southampton and
Wythe, the salary of each sheriff shall be not less than three thousand
dollars and not more than four thousand five hundred dollars per annum ;

(6) Inthe counties of Accomack, Arlington, Elizabeth City, Fair-
fax, Halifax, Henrico, Montgomery, Scott and Washington, the salary
of each sheriff shall be not less than four thousand and not more than five
thousand five hundred dollars per annum ;

(7) In the counties of Augusta, Buchanan, Franklin, Lee, Nanse-
mond; Norfolk, Pittsylvania, Roanoke, Rockingham, Russell, Tazewell
and Wise, the salary of each sheriff shall be not less than four thousand
five hundred dollars and not more than six thousand dollars per annum ;

(8) Inthe cities of Buena Vista, Fredericksburg, Radford, Suffolk
and Williamsburg, the salary of each sergeant shall be not less than one
thousand two hundred dollars and not more than two thousand five hun-
dred dollars per annum;

(9) In the cities of Bristol, Charlottesville, Clifton Forge, Hope-
well, and Alexandria the salary of the sergeant shall be not less than two
thousand dollars and not more than five thousand dollars per annum ;

(10) In the cities of Danville, Lynchburg, Newport News, Nor-
folk, Petersburg, Portsmouth, Richmond, and Roanoke, the salary of each
sergeant shall be not less than four thousand dollars and not more than
six thousand dollars per annum.

Section 4. Expenses of Sheriffs and Sergeants and Their Full-Time
Deputies—(a) Each sheriff and each sergeant, and each full-time
deputy of either, shall keep a record of all expenses incurred by him in-
cluding expenses for traveling, telephone, telegraph, clerical assistance,
office facilities and supplies, bond premiums, cook hire, fuel used in pre-
paring food for jail prisoners, and any other expense incident to his office.
Each such full-time deputy shall file a monthly report with his principal,
showing in detail the expenses incurred by him.

(b) Each sheriff and each sergeant shall submit a statement of all
expenses incurred by him, and by each of his full-time deputies, to the
Compensation Board on or before the tenth day of April, July, October,
and January, covering the three months preceding period. Each officer
shall at the same time transmit a copy of said statement to the board
of supervisors of the county or the council of the city for which he
is elected or appointed. It shall be the duty of the Compensation Board
to examine said statement of expenses incurred, and in the event it
is of opinion that the annual expense allowance which it has made to
any such officer is greater or less than necessary to defray the proper
expenses of such officer, then the annual expense allowance thereto-
fore made to said officer shall be reduced or increased to conform to
the findings of the Compensation Board. From any such reduction or
increase in such allowances the board of supervisors, the city council,
or the officer affected, shall, however, have the same right of appeal as
is provided in the case of other salaried officers of the counties and
cH. 386] ACTS OF ASSEMBLY 615

cities by chapter three.hundred and sixty-four of the Acts of the General
Assembly of nineteen hundred and thirty-four.

(c) Notwithstanding the provisions of the foregoing subsection,
the governing body of any county or city may, with the approval of the
Compensation Board, enter into such agreement with the sheriff or ser-
geant of such county or city with respect to the traveling expenses, includ-
ing the use of privately owned vehicles, of such sheriff or sergeant and his
deputies as the said governing body may deem proper.

Section 5. Compensation of Part-time Deputies——The part-time
deputies of sheriffs and sergeants shall not receive fixed salaries, but shall
be entitled to receive reasonable compensation for their services and
allowances for their expenses, to be determined and paid as hereinafter
provided. Each such part-time deputy shall keep a record of all services
performed by him as such, which shall be reported to the sheriff or ser-
geant whose deputy he is, and the sheriff or sergeant shall likewise keep a
record of all services performed by each part-time deputy. Each sheriff
and sergeant shall file a monthly report with the board of supervisors or
city council, as the case may be, on or before the fifth day of the month
next succeeding that in which such services are performed, showing in
detail all services rendered by part-time deputies. The board of super-
visors or the city council shall recommend to the Compensation Board
what in its judgment is a fair compensation to pay each individual part-
time deputy of a sheriff or of a sergeant on the basis of such reports,
except that in no case shall the allowance for compensation and expenses
exceed the sum of five dollars for any one day. If in the judgment of the
board of supervisors or the city council the said limit of five dollars would
work a hardship on a particular part-time deputy sheriff or sergeant, such
sum may be increased with the written approval of the judge of the circuit
court or of the corporation or hustings court of the county or city for
which such officer is appointed.

Section 6. Salaries and Expenses, How Paid—(a) The Com-
monwealth shall pay two-thirds of the salaries and expense allowances of
such sheriffs and sergeants and their full-time deputies, and of the com-
pensation and expense allowances of their part-time deputies, fixed as
hereinbefore provided. The other one-third of the salaries and expense
allowances of such sheriffs and sergeants and full-time deputies, and of
the compensation and expense allowances of their part-time deputies, shall
be paid by the respective counties or cities for which they are elected or
appointed. Such salaries shall be paid in equal monthly installments, and
the expense allowances shall be paid monthly when the amount thereof is
established as hereinabove provided.

(b) The payment of the Commonwealth’s share of such salaries
and expense allowances shall be made by the State Treasurer, out of funds
appropriated in the general appropriation act for criminal costs, on war-
rants of the Comptroller issued upon vouchers approved and signed by
the chairman of the Compensation Board, or by such other person or
persons as may be designated by the Compensation Board for such pur-
pose.
616 ACTS OF ASSEMBLY [va., 1942

Section 7. Payments to Counties with Optional Forms of County
Organization and Government.—(a) The Compensation Board shall, in
the manner hereinbefore provided, determine the compensation and ex-
pense allowances for the sheriff, and his deputies, of each county which
has adopted or shall hereafter adopt any form of county organization and
government provided for in sections twenty-seven hundred and seventy-
three-n one to twenty-seven hundred and seventy-three-n fifty-seven, both
inclusive, of the Code of Virginia, so long as such county shall continue
such form of county organization and government in effect in such county,
as if such county had not adopted any such form of government; but the
portion of the said salaries and expense allowances, determined as afore-
said and payable by the Commonwealth, shall be paid into the general
fund of the treasury of such county. The actual compensation and expense
allowance to be paid the sheriff, and his deputies, of any such county shall
be fixed as provided in the form of county organization and government
adopted by. such county, without regard to the limits provided for in this
act, and shall be paid by such county.

(b) The provisions of this section shall also be applicable to any
county which adopts and has in effect in such county, any other optional
form of county organization and government which may be provided by
law, if such form of county organization and government shall provide
that the entire compensation of the sheriff of such county shall be fixed
by authorities of the county and paid by the county.

Section 8. Feeding and Caring for Jail Prisoners; Sheriffs’ and
Sergeants’ Records and Reports—(a) The sheriff of each county and
the sergeant of each city shall continue to perform all of the duties with
reference to keeping, feeding and caring for prisoners in the jail of his
county or city required of him by law, provided that he shall not be held
responsible for any acts of omission or commission on the part of the jailer
if such jailer, at the time any claim is presented against him, shall have
executed a bond payable to the Commonwealth of Virginia with solvent
surety in an amount to be fixed by the judge of the circuit, corporation or
hustings court, conditioned upon the faithful performance of his duties.
Each such officer shall also continue to keep all records and to submit all
reports required by law. Reports heretofore required to be submitted by
sheriffs and sergeants to the State Board of Public Welfare shall here-
after be submitted to the State Board of Corrections.

The judge of the circuit or corporation court of any county or city
may, by order entered of record, allow men confined in the jail of such
county or city who are serving sentences imposed for misdemeanors to
work on the county poor farm or other county or city property on a volun-
tary basis, such prisoners to receive such credit on their respective sen-
tences for the work done as the court may in said order prescribe. In case
some person other than the sheriff or sergeant is designated by the court
to have charge of such prisoners while so working, the court shall require
a bond of such person, in an amount to be fixed by the court, conditioned
upon the faithful performance of his duties, and the sheriff or sergeant
shall not be held responsible for any acts of omission or commission on
the part of such person.
(b) The sheriff or sergeant shall purchase all foodstuffs and other
provisions used in the feeding of jail prisoners, and such clothing and
medicine as may be necessary, which shall be purchased at prices as low
as reasonably possible. Invoices or itemized statements of account from
each vendor of such foodstuffs, provisions, clothing and medicines shall
be obtained by the sheriff or sergeant and laid before the board of super-
visors or city council, and he shall signify on each such statement or in-
voice that the merchandise has been received and that the terms of the
purchase have been complied with on the part of the vendor. If any such
county or city has a purchasing agent the board of supervisors or the city
council-may require all such purchases to be made by or through such
purchasing agent.

(c) Each such officer shall also keep a daily record showing the
total number of prisoners confined in the jail of his county or city, the
number of prisoners admitted, the number released, and the time of each
such admittance and of each such release. Such records shall show such
information separately as to the prisoners of the Commonwealth, of each
county, city and town, of the United States, and of any other state or
country.

(d) Sheriffs and sergeants shall also keep such other accounts and
records, and furnish to the Board of Corrections such information ‘and
reports, as may be required by the said Board.

Section 9. Payment of Costs of Feeding, Clothing and Caring for
Jail Prisoners.—(a) It shall be the duty of the board of supervisors of
the county or the council of the city, as the case may be, or their duly
authorized representative, to examine all statements of account and in-
voices laid before them by the sheriff or sergeant covering purchases of
foodstuff, provisions, clothing and medicines for jail prisoners and, after
satisfying themselves that the said statements and invoices are correct, to
cause warrants to be issued on the county or city treasurer, or other
disbursing officer, for the payment of such accounts and invoices.

_ (b) The Commonwealth shall reimburse the county or city, as the
case may be, for such proportionate part of the reasonable cost of food,
(other than the cost of preparing and serving the same, which shall be
included as a part of the expenses of the sheriff or sergeant pursuant to
section four of this act) and-of the clothing, medicines, lights, water, heat,
disinfectants, bedding and other necessary supplies required for the
prisoners confined in any county or city jail, as the aggregate num-
ber of days spent in such jail by prisoners accused or convicted of
violation of the laws of the Commonwealth, by persons held as wit-
nesses in cases to which the Commonwealth is a party, by persons
confined in jail for contempt of court, and by persons suspected of
being or adjudged insane under the laws of the Commonwealth, bears
to the total aggregate number of days spent in such jail by all prisoners
confined therein; provided, however, that the counties and cities work-
ing prisoners on chain gangs shall pay the entire cost of feeding and
caring for said prisoners even though said prisoners are serving sentences
for violation of the laws of the Commonwealth. ,
618 ACTS OF ASSEMBLY [va., 1942

(c) Each such sheriff and sergeant shall collect from the United
States, for prisoners of the United States confined in the jail of his county
or city, such amounts as shall be agreed upon by the State Board of Cor-
rections and the appropriate authorities of the Government of the United
States, which amounts shall not be less than the actual cost of feeding,
clothing, caring for, and furnishing medicine and medical attention for,
such prisoners. He shall also collect from the counties, cities and towns of
the Commonwealth, other than the county or city for which he is elected
or appointed, and from any other state or country for which any prisoner
is held in such jail, the reasonable costs, to be determined by agreement
with the governmental unit involved, or, in the absence of such agreement,
as shall be determined by the State Board of Corrections, of feeding, cloth-
ing, caring for, and furnishing medicine and medical attention for, pris-
oners held for such county, city, town, state or country. All moneys so
collected from the United States or from any such county, city, town, state
or country shall be promptly paid into the treasury of his county or city,
and the total amount so collected shall be retained by such county or city.

(d) Ifthe board of supervisors of a county or the council of a city
shall elect to employ a jail physician at a definite monthly compensation to
care for the prisoners in the jail who are in need of medical attention, it
shall have the power to do so, but the amount of compensation for each
physician shall be approved by the Compensation Board in advance. If
the approval of the Compensation Board is not given, or if the board of
supervisors or city council does not elect to appoint a regular jail physi-
cian at a definite monthly compensation, the rate established by law for
the payment of physicians for caring for the sick in jails shall continue to
be in effect. In either event the Commonwealth shall reimburse the county
or city by two-thirds of the amount expended for medical care by such
county or city.

(e) The payment by the Commonwealth of its share of the costs of
feeding, clothing, and caring for jail prisoners, hereinbefore provided to
be paid, shall be made to the respective counties and cities by the State
Treasurer upon warrants of the Comptroller issued upon vouchers certi-
fied by the boards of supervisors of the counties or councils of the cities,
or their duly authorized representatives, and approved by the Commis-
sioner of Corrections, or by such other person or persons as may be desig-
nated by the State Board of Corrections for such purpose, out of the
funds appropriated in the general appropriation act for criminal charges.

Section 9-a. Expense of Boarding and Lodging Juries——Whenever
it is necessary for a sheriff or sergeant to pay for the board and lodging of
juries, he shall obtain a receipt for the funds so spent and on or before the
fifth day of the month next succeeding he shall present such bill to the
board of supervisors or city council, as the case may be, which shall, if it
is found correct, reimburse the sheriff or sergeant for the amount so spent
by him for such purpose. The county or city shall be reimbursed by the
Commonwealth for all sums so expended on account of any criminal trial
involving an offense against the Commonwealth. ,

Section 10. Application of Act—(a) The provisions of this act
shall not apply to any city which does not operate a jail, nor to the ser-
cH. 386] , ACTS OF ASSEMBLY 619

geant of such city, but they shall, however, apply in every respect to the
City of Suffolk and to the sergeant thereof.

(b) The provisions of this act shall apply in every respect to each
city which operates a jail, and to the sergeant thereof. In every such case
the sergeant shall have supervision and control of the jail and the custody
of all prisoners confined therein, any other provision of law, general,
special or local, to the contrary notwithstanding.

Section 11. Provisions Applicable to Jail Farms of Counties and
Cities —(a) When the control, management and supervision of the jail
farm of any county or city is vested in the sheriff or sergeant of such
county or city, such jail farm shall, for the purpose of this act, be treated
as a jail and included within the meaning of the term “jail” as used in this
act.

(b) When the control, management and supervision of the jail
farm of any county or city is not vested in the sheriff or sergeant of such
county or city, the State Board of Corrections may enter into a contract
with such county or city, or with the appropriate authorities thereof, for
the care and custody at such jail farm of persons accused or convicted of
any offense against the laws of the Commonwealth and witnesses held in
cases to which the Commonwealth is a party. Each such contract shall
specify the responsibilty of the authorities of the county or city for the
care and custody of such persons and shall prescribe the compensation
therefor to be paid such county or city. Such compensation shall be based
on the cost of providing for the care and custody of such prisoners at such
jail farm, including therein only the reasonable cost of guarding, and
providing necessary housing, maintenance, administrative expenses, food,
clothing, medicine and medical attention for such prisoners, taking into
consideration the value, if any, of the labor required of State prisoners,
and shall be paid by the State Treasurer, out of the funds appropriated in
the general appropriation act for criminal charges, upon warrants of the
Comptroller issued upon vouchers signed by the Commissioner of Cor-
rections, or by such other person or persons as may be designated by the
State Board of Corrections for such purpose. ,

(c) When the control, management and supervision of the jail farm
of any county or city is not vested in the sheriff or sergeant of such county
or city, such county or city may collect from the United States, for pris-
oners of the United States at such jail farm, such amounts as may be
agreed upon by the State Board of Corrections and the appropriate au-
thorities of the Government of the United States, which amounts shall not
be less than the actual cost of feeding, clothing and caring for such pris-
oners. Such county or city may also collect from the other counties, cities,
or towns of the Commonwealth, and from any state, other than this state,
and from any country other than the United States, for which any pris-
oner is held at the jail farm of such county or city, the reasonable cost of
guarding, and providing necessary food, clothing, medicine and medical
attention for prisoners held for such other county, city, state or country,
the amount thereof to be agreed upon by the governmental units involved,
or, in the absence of such agreement, by the Board of Corrections.
620 ACTS OF ASSEMBLY [va., 1942

2. Be it further enacted, That all acts, general, special, private and
local, inconsistent with the provisions of this act are hereby repealed to
the extent of such inconsistency. .

3. Be it further enacted, That insofar as this act relates to the
powers and duties of the Compensation Board, the State Board of Cor-
rections, and the sheriffs, sergeants and their deputies, with regard to the
fixing of the compensation of sheriffs, sergeants and their deputies for the
year nineteen hundred and forty-three, and with regard to providing or-
ganization and facilities for the administration of this act, it shall become
effective as provided in section fifty-three of the Constitution of Virginia,
but that in all other respects it shall not become effective until the first
day of January, nineteen hundred and forty-three.