A notary returning affidavits or depositions of witnesses, shall state at the foot thereof the fees therefor; to whom such fees are charged, and if paid, by whom, shall also be mentioned when the fees are stated.—Ch. 180, ¿ 7.

WITNESSES.

Allowances to commonwealth's witnesses; how paid.

A witness is entitled to fifty cents for each day's attendance upon a court held in his county or corporation, and four cents per mile for each mile necessarily traveled beyond ten, to the place of attendance, and the same returning, besides the tolls at bridges, ferries, and turnpike gates.

For attending as a witness at a court held outside of his county, he is entitled to fifty cents per day and four cents per mile for each mile traveled going to and returning from said court.

A witness who travels over fifty miles to attend a court and the same in returning from the court, held outside of his county or corporation, as a witness in a criminal case, is entitled to one dollar per day for each day's attendance, and four cents per mile for each mile traveled in going to and returning from said

court.

On the witness' oath, an entry of the sum to which he is entitled is to be made, when the attendance is before a court, by the clerk of such court. If the attendance is before a justice of the peace, by such justice.

A witness attending under a recognizance or summons, in a criminal case, who travels over fifty miles to the place of attendance, is entitled to one dollar, instead of fifty cents, for each day's attendance.

A person residing out of this state, who attends a court therein under a summons, as a witness in either a civil or criminal case, may be allowed by the court a proper compensation, to be fixed by the court, for his attendance and travel from and to his place of abode.

The sum to which a witness is entitled to be paid on a certificate, of the person required to make the entry, to wit: by the clerk of the court, magistrate, &c., &c.

The certificate is to express by letters, and not by figures, the separate amounts to which the witness is entitled for his attendance, traveling, tolls, and ferriages, which he may have to pay, and the aggregate thereof.

No person authorized to make such entry or give such certificate shall become interested by purchase in any claim payable out of the public treasury, which by law he is authorized to certify.

To prevent forgeries and the payment of fraudulent claims, and to furnish the means of a ready check upon the spurious as compared with genuine certificates, it is made the duty of every clerk of a court, immediately after the expiration of sixty days from the adjournment of any court, to make out a list of all entries made on behalf of witnesses attending for the commonwealth and to certify such lists to the auditor of public accounts and to the treasurer

of each county or corporation wherein said court is held. A strict compliance with this provision will obviate much annoyance and inconvenience to the holders of such tickets.

It frequently happens that a certificate of attendance is so worded that it is impossible to tell whether the witness has traveled the number of miles stated,· as the entire distance traveled by him from his place of residence to the courthouse, including his return home, or whether the distance stated is to be doubled for his return, or whether the clerk has deducted anything for the ten miles traveled each way, for which the witness receives no compensation. In all cases of doubt, it has been the invariable usage to give the commonwealth the benefit of the doubt arising out of the construction of the clerk's certificate.

If the witness attend in case of felony, the amount to which he is entitled is paid upon presentation, whether the prosecution be ended or not.

The sum to which a witness is entitled, who attends for the commonwealth in a prosecution for misdemeanor, wherein there is a prosecutor, is to be paid by such prosecutor as if he were plaintiff in the case, unless there should be judgment against the defendant. Payment shall not be made out of the treasury, to a witness attending for the commonwealth in any prosecution for a misdemeanor, unless it appears that the sum to which the witness is entitled cannot be obtained, if it be a case wherein there is a prosecutor, and the defendant is convicted, by reason of the insolvency of the defendant, or if it be a case in which there is no prosecutor, by reason of the acquittal or insolvency of the defendant.

The evidence of insolvency usual in such cases is the sheriff's return of "No property found," made upon a writ of fieri facias.

A sheriff is not entitled to a fee from the treasury for summoning a witness for the commonwealth.

A constable or sergeant is entitled to a fee of twenty-five cents for summon-. ing a witness for the commonwealth in any of her prosecutions, but his claim therefor must show by affidavit that the witness was summoned in obedience to a subpoena.

In all cases the payment of allowances to witnesses and jurors is made by the treasurer of the county or corporation wherein the court is held, and not at the auditor's office, as heretofore.

FORM FOR ALLOWANCES TO WITNESSES IN CASE OF FELONY.

VIRGINIA,
I,

County, to-wit:

clerk of the county court of

county, certify that

attended under a summons as a witness before the county court of said county, four days at the March term thereof, in the year one thousand eight hundred and —, on behalf of the commonwealth, in her prosecution against for felony; said witness also traveled forty miles in com

ing to the place of trial, and the same in returning to his place of abodefrom which distance so traveled I have deducted ten miles each way, leaving sixty miles as the distance traveled, for which compensation is to be made. He also paid tolls amounting to one dollar-for which attendance, mileage, and tolls he is entitled to five dollars and forty cents, payable out of the public treasury.

On the oath of the said

taken before me, and which I here certify, an entry of the sum to which he is entitled, and for what has been made by me in my office.

attended under a summons as a witness before the county court term thereof, in the year one thousand

of said county, four days at the eight hundred and on behalf of the commonwealth, in the prosecution against for a misdemeanor. Said witness also traveled forty miles in coming to the place of trial, and the same in returning to his place of abode; from which distance so traveled, I have deducted ten miles each way, leaving sixty miles as the distance traveled, for which compensation is to be made. He also paid tolls amounting to one dollar-for which attendance, mileage and tolls, he is entitled to five dollars and forty cents payable out of the public treasury.

I further certify that the defendant was convicted, and is insolvent, (or that the defendant was acquitted, and that there was no prosecutor adjudged to be liable for the costs,) on the oath of the said taken before me, and which I here certify, an entry of the sum to which he is entitled, and for what has been made by me in my office.

If the witness reside out of this state, his attendance is certified by the order of court.

OTHER CRIMINAL CHARGES.

Payable by order of the court out of the treasury.

For a sheriff's fees in cases of felony.

If he have assistance to make an arrest, the claim must be supported by the affidavit of the sheriff, as well as the affidavit of each person employed by him. 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 renders any other service for which no specific compensation is provided, the circuit court of the county or corporation in which such case may be, may allow therefor what it deems reasonable, and such allowance shall be paid out of the treasury.

The services to be rendered in the above cases must be by an officer, for traveling out of his county, and the charges must be REASONABLE. In the latter case, the services may be within the officer's county, but must be such for which the law has made no specific compensation. Such claim can only be allowed by the circuit court of the county or corporation in which the criminal proceedings are had. If the services be such for which the law has made provision, the court has no authority to add to the compensation provided.

Any expense incident to a proceeding in a criminal case, which is payable out of the treasury, is to be allowed by a court and certified by it. With the certificate of allowance, the items or vouchers on which it is made are to be transmitted to the auditor of public accounts.

The order of court should never be attached to the original claim. It should be filed with the clerk as an office paper. The claim should then be copied. by the clerk, and the court's order of allowance attached to such copy. This should be done in order to enable the clerk to comply with section 11 of chapter 204 of the Code of 1873, which requires the clerk of every court in which a person accused is convicted, to make up a statement of all expenses incident to the prosecution, and to issue execution therefor.

In case the accused is convicted, whether the court, in terms, renders judgment for the expense of the prosecution or not, when the clerk makes up such statement, an execution is to issue for the amount of such expenses, in like manner as if there was a judgment in such court in favor of the commonwealth against the accused for the said amount as a fine.

DUPLICATE CLAIMS.

No duplicate allowance of a claim to be paid out of the treasury shall be issued or certified, unless upon proof, by oath of the party, or otherwise, of the loss or destruction of the original, the court shall so order. In such case, it shall show on its face that it is a duplicate issued by order of court. Any clerk who shall issue a duplicate otherwise, shall forfeit one hundred dollars.—See 21, ch. 159, Code of 1873.

VENIREMEN.

Form of account of sheriff, and the order of court for the allowance of the same, for summoning, empaneling, boarding, and the per diem allowance to jurors engaged in the trial of felony cases:

THE COMMONWEALTH OF VIRGINIA,

To the Sheriff of

County,

To summoning and empaneling venire in the case of The Common-
wealth v.
charged with felony, in the circuit court of

DR.

county, at the

term, 18—,

1 50

To amount paid the venire for one day's services each, at $1 per day, twelve jurors,

12 00

To amount paid for boarding the said jurors, one day, at $1 each,

12 00

$25 50

VIRGINIA,

County Circuit Court,

Term, 18-:

sheriff of this county, this day presented herein an account against the commonwealth for summoning, empaneling, boarding, and the per diem allowance to jurors engaged in the trial indicted

for felony, and tried during the present term, amounting to twenty-five dollars and fifty cents, which being seen and inspected by the court, and found correct, is allowed and ordered to be certified to the auditor of public accounts for settlement and payment.

A copy-Teste:

Clerk.

JURORS.

The law requires the clerk of every court in which juries are empaneled, before the adjournment of such court, under the direction of the court, to make an entry upon its minutes, stating the amount to which each juror is entitled for his services during the term, specifying how much is payable by the commonwealth, and how much by the county or corporation court by levy.

The law requires each clerk, as soon as practicable after the adjournment of the court, to transmit to the auditor of public accounts and to the treasurer of the county or corporation wherein said court was held, certified copies of all allowances to jurors payable out of the treasury, and also to deliver to each juror a certificate of the amount allowed to him, payable by the commonwealth. The treasurer of the county or corporation is required, upon demand, to pay each juror the amount allowed him. The amount paid by such treasurer is to be repaid to such officer out of the public treasury or county levy, as the case may be.