Chap. 548.—An ACT to amend and re-enact section 3062 of the Code of Virginia,
as amended and re-enacted by chapter 333 of the acts of the general assembly
of 1897-8, page 371, and section 3065 of the Code of Virginia, requiring the
governor, under certain circumstances, to designate a judge to hold regular or
special terms of the courts.

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That section
thirty hundred and sixty-two of the Code of Virginia, as amended and re-
enacted by chapter three hundred and thirty-three of the acts of general
assembly, eighteen hundred and ninety-seven and eighteen hundred and
ninety-eight, page three hundrd and seventy-one, and section thirty hun-
dred and sixty-five of the Code of Virginia, be amended and re-enacted
so as to read as follows:

§ 3062. What tried at a special term; who may hold it.—At any such
special term any civil cause may be tried which could lawfully have been,
but was not, tried at the last preceding term that was or should have been
held, and any motion for a judgment or other motion cognizable by such
court may be heard and determined, whether it was pending at the pre-
ceding term or not; and any criminal case in such court by writ of error
may be tried at such special term as if it were a regular term, although
at the preceding regular term the same may not have been pending in
said court or may have been continued ; and any cause or matter of con-
troversy at law or in chancery then ready for hearing, or which may be
made ready by consent of parties, may, with the consent of the partirs
to such cause or controversy, be heard and determined, although it could
not lawfully have been heard at the preceding term that was or should
have been held. Every such special term may be held by the judge of the
circuit, or if he be dead or absent, or be so situated in respect’ to any cause
pending in said court as, in his opinion, to make it improper for him to
try it, by such other circuit judge as may be designated by the governor of
the State. It shall be the duty of the governor, upon the written appli-
cation of the judge of any circuit, to designate a judge of some other
circuit to hold said term. It shall be the duty of the judge so named to
hold such special term, and it may be held part of its session by one
judge and part of it by another ; and such special terms may be adjourned.
from time to time, during the intervals between the regular terms as to
the judge may seem necessary for the dispatch of the business of the court.
Any judge holding such special term shall have the same powers to enter
vacation decrees in any cause heard by him at such special term and sub-
mitted for vacation decree as if he were the judge of the circuit.

§ 3065. Their power to enlarge circuits—Any two circuit judges may
at any time make an exchange with each other of their respective circuits
for a period not longer than one year by an agreement recorded in the
court in which each of these shall first sit under such change; and without
a formal exchange of circuits, if any judge fail to attend a regular term
of his court, or be prevented from sitting during the whole term, or be
so situated in respect to any cause pending in said court as, in his opinion.
to make it improper for him to try it, any other circuit judge may hold said
court, either for the whole term or any part thereof. Upon the written ap-
plication of any circuit judge it shall be the duty of the governor to desig-
nate any other circuit judge to hold such term, in whole or in part, and it
shall be the duty of the judge so named to hold such term, in whole or in
part, as may be necessary.

2. This act shall be in force from its passage.