Chap. 314.—An ACT to amend and re-enact section 3049 of the Code of Virginia
as amended by an act approved March 5, 1894, as amended by an act approved
January 27, 1903, as amended by an act approved April 27, 1903.

Approved May 20, 1903.

1. Be it enacted by the general assembly of Virginia, That section
thirty hundred and forty-nine of the Code of Virginia, as amended and
re-enacted by an act approved March fifth, eighteen hundred and ninety-
four, as amended by an act approved January twenty-seventh, nineteen
hundred and three, as amended by an act approved April twenty-seventh,
nineteen hundred and three, entitled an act to amend and reenact sec-
tion thirty hundred and forty-nine of the Code of Virginia, as amended,
in relation to what judge may hold court when the regular judge thereof
fails, or is unable to hold the same; pay, mileage, and so forth,
amended and re-enacted so as to read as follows:

§ 3049. When the judge of a county, circuit, or any city court fails or is
unable to hold the same, what judge may do so; when governor mav
designate a judge to do so, or may fill a vacancy; compensation.—lf a
judge of a county, circuit, or a city court be unable or fail to attend a reg-
ular term of his court, or be prevented by sickness 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 Commonwealth’s attorney of said county or
city to the governor, who shall designate a county judge to hold said court,
if it be a county court, or a judge of a circuit or citv court, if it be a cir-
cuit or city court. If any judge so designated shall be prevented by the
duties of his own court or by sickness fram 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, circuit, or city court shall be so situated as to render it improper,
in his judgment, for him to decide any case or proceeding, or preside 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 desig-
nate a Judge of a county court to decide such ease or preside at such trial,
fit be ina county court, or a Judge of a cireuit or city court, if the case
or procceding be in a circuit or city court. When a vacaney shall oecur
in the office of Judge of a county, circuit, or city court, the clerk of such
court shall certify the fact to the governor, who is hereby authorized, in-
stead 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
recular term of the county court in which such vacaney exists, and to de-
signate a judge of any other circuit or city court to hold the then or next
Te gular term of the circuit or city court in which such vacancy exists. For
any service rendered under any designation authorized by this section the
jude shall receive the mileage provided by law and five dollars per day
for the time he is actually engayed in holding court, if he shall preside
over a county court or a circuit court of a county, and mileage and ten
dollars per dav if he shall preside over a cireuit court in a city or over

a city court; such mileage and compensation to be paid out of the treas-
urv of the county or city in which said court is held. Any judge of a cir-
cuit or city court may hold court without compensation for the judge
of another circuit or city court at his request.

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