Chap. 182.—An ACT to amend and re-enact section 3049 of the Code of Virginia,
as amended and re-enacted by an act approved March 5, 1894, entitled an act to
amend and re-enact section 3049 of the Code of Virginia, providing when a
judge of a county or corporation court fails to hold same what judge may do
so; When governor to designate judge to do so; his pay and mileage.

Approved April 27, 1903.

“

1. Be it enacted by the general assembly of Virginia, That section three
thousand and forty-nine of the Code of Virginia, as amended and re-en-
acted by an act approved March fifth, eighteen hundred and ninety-four,
entitled an act to amend and re-enact section three thousand and forty-
nine of the Code of Virginia, providing when judge of a county or cor-
poration court fails to hold same, what judge may do so; when governor
to designate judge to do so; his pay and mileage, be amended -and re-en-
acted so as to read as follows:

§ 3049. When the judge of a county, or circuit court, or any court of a
city, fails or is unable to hold the same, what judge may do so; when
governor may designate a judge to do so, or may fill a vacancy; compen-
sation.—If a judge of a county, circuit court, or a court of a city, be un-
able or fail to attend a regular term of his court, or be prevented by sick-
ness from sitting during the whole term, or any part thereof, the fact
shall be certified by the judge, the clerk of the court, or the Common-
wealth’s attorney of said county or city to the governor, who shall desig-
nate a county judge to hold said court, if it be a county court, or a judge
of a circuit court, or court of a city, if it be a circuit court or court of a
city. If any judge so designated shall be prevented by the duties of his
own court or by sickness from holding said term or all of the part thereof
for which he was designated, he shall so inform the governor, who shall
designate another judge of a court of similar jurisdiction to hold said
court for the said term, or for so much of the remainder of said term as
the judge first designated cannot hold. And if the judge of any county,
or circuit court, or court of a city, shall be so situated as to rénder it im-
proper, in his judgment, for him to decide any case or proceeding, or pre-
side at any trial, civil or criminal, he shall so enter of record, and the
clerk of said court shall at once certify the same to the governor, who
shall designate a judge of a county court to decide such case or preside
at such trial, if it be in a county court, or a judge of a circuit court, o
court of a city, if the case or proceeding be in a circuit court or cour
of a city. When a vacancy, either by death or resignation, shall occur
in the office of judge of a county, or circuit court, or court of a city, the
clerk of such court shall certify the fact to the governor, who is hereby
authorized, instead of appointing at once a successor, as prescribed by
the Constitution, to designate a judge of any other county court to hold
the then or next regular term of the county court in which such vacaney
exists, and to designate a judge of any other circuit court, or court of a
city, to hold the then or next regular term of the circuit court, or court
of a city, in which such vacancy exists. For any service rendered under
any designation authorized by this section the judge shall receive the
mileage provided by law and ten dollars per day for the time he is actu-
ally engaged in holding court, if he shall preside over a county court.
or a circuit court of a county, and mileage and ten dollars per day if he
shall preside over a court in a city; such mileage and compensation to be
paid out of the treasury of the county or city in which said court is held.
Any judge of a circuit court, or court of a city, may hold court without
compensation for the judge of another circuit, or city court, at his re-
quest.
2. This act shall be in force from its passage.