Chap. 470.—An ACT to amend and re-enact Section 4960 of the Code of Virginia,
as heretofore amended, relating to the compensation of sheriffs and other persons
for services in certain criminal cases and of witnesses from without the State
compelled to attend a court in this State, so as to provide more specifically the
compensation of sheriffs and other persons for such services, and to limit such
compensation to amounts due for services rendered within the State of Virginia
and to provide the compensation allowed hospitals for treatment of prisoners.

[S B 245]
Approved April 6, 1942

1. Beit enacted by the General Assembly of Virginia, That section
forty-nine hundred and sixty of the Code of Virginia, as heretofore
amended, be amended and re-enacted so as to read as follows:

Section 4960. <A sheriff or other officer, for traveling out of his
county or corporation but within the State of Virginia 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 in the State of Virginia for which no
specific compensation is provided, the court in which such case is, may
746 ACTS OF ASSEMBLY [va., 1942

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.

Provided, however, that the amount of compensation to officers for
execution of process, outside of the respective counties of such officers,
shall not exceed the fees or allowances now provided by law for the
execution of process within the county including the provision for the
allowance of mileage for officers and prisoners within a county; and,
provided further, that not more than eight cents per mile shall be al-
lowed for officers using automobiles for travel, irrespective of the number
of guards or prisoners conveyed in automobiles.

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 com-
pensation 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.

It is further provided that no compensation shall be allowed hos-
pitals for the treatment of prisoners unless application shall have been
made to the superintendent of the penitentiary, or to the superintendent
of the State farm, for the admission of prisoners to the hospital wards
of said institutions and such application refused, unless the disease, or
wound, or accident, from which the prisoner is suffering is of such an
emergency kind that immediate treatment in the hospital is necessary,
and then only such amounts shall be allowed to the hospitals as shall
have been incurred before it is practicable to remove the prisoner from
the hospital to one of the institutions above mentioned.

This section as amended shall not be construed to authorize the
payment of any additional compensation to a sheriff or other officer who
is compensated for his services by a salary exclusively.