Chap. 387.—An ACT to amend and re-enact section 3049 of the Code of Vir.
ginia relative to temporary appointment of circuit Judges. [H B 272]

Approved March 18, 1918.

1. Be it enacted by the general assembly of Virginia, That sec-
tion three thousand and forty-nine of the Code of Virginia, as
amended by an act approved March fifth, eighteen hundred and
ninety-four, as further amended by an act approved May twentieth,
nineteen hundred and three, and by an act approved December
twelfth, nineteen hundred and three, and by an act approved Jan-
uary twelfth, nineteen hundred and four, and by an act approved
March fifteenth, ninetien hundred and four, and by an act approved
March twenty-third, nineteen hundred and sixteen, be amended
and re-enacted so as to read as follows:

Section 3049. When the judge of a circuit or city court fail, or
is unable to hold same, or is absent, or is unable to perform duties
or functions of office, what judge may do so; when governor shall
designate a judge to do so; compensation, and so forth.—If the
judge of a circuit court or of any city court be absent or be unable
or fail to attend any regular or special term of his court, or if he
be absent or fail to sit during the whole of any regular or special
term, or any part thereof, or if, owing to absence or sickness, he
be unable or fail to perform or discharge during the vacation of
such court any official duty or function authorized or required by
law, he may procure a judge of a circuit court or a judge of a city
court to hold the said court for the whole of such regular or spe-
cial term or for any part thereof, or to discharge during vacation
such duty or function.

If the judge of any circuit or city court is connected with the
accused or party injured in any criminal case pending in his court,
or if such judge is so situated as to render it improper, in his judg-
ment, for him to decide any case or proceeding, or to preside at any
trial, civil or criminal, pending therein, unless said case or proceed-
ing 1s removed as provided by law, the fact shall be entered of rec-
ord by the clerk of said court, and at once certified by him to the
governor, who shall designate a judge of some circuit court or of
some city court to preside at the trial of such cause, or hold such
term. Or in case any city or circuit judge shall, by reason of sick-
ness or other physical disability, be unable to hold his courts, or
any of them, or unable to attend to any of his duties as judge, then
upon the notification by said judge, or upon the certificate of his
attending physician, or upon the certificate of the Commonwealth’s
attorney of such city or of any county of his circuit, or the clerk
of such court, to that effect, the governor shall designate some other
circuit judge or city judge to hold the term or terms of such court
or courts, to order special terms, and otherwise to act and perform
the duties of judge of such court or courts in term time or in vaca-
tion, and such judge so designated shall have the powers and per-
form all the duties of judge of such court or courts until the judge
of such court shall be again able to attend to his duties as such, and
shall so notify the governor.

If a vacancy occur from any cause in the office of a judge of a
circuit or city court, that fact shall at once be certified by the clerk
of such court to the governor who, instead of appointing at once a
successor, may designate a judge of some other circuit court or of
some city court to hold the terms of the court in which such vacancy
exists, and until the same shall have been filled in the mode pre-
scribed by law. If any judge so designated shall be prevented by
the duties of his own court, or by sickness, from deciding such case
or proceeding, or from presiding at such trial, or holding the terms
of such court in which a vacancy exists, he shall so inform the gov-
ernor, who shall designate another such judge in his place. For any
service rendered by any such judge so designated under this section,
and in all cases where he holds a court for a judge disabled by sick-
ness, he shall receive the mileage provided by law and ten dollars
per day for the time he is actually engaged in holding court, if he
shall preside over a circuit court of a county, and mileage and ten
dollars per day if he shall preside over a circuit court in a city, or
over a city court; such mileage and compensation to be paid out of
the treasury of the county or city in which said court is held. But
if a judge of a city court, or the judge of the circuit court wherein
such city is located, shall hold court for any other judge in his own
city, he shall not receive any such mileage or compensation therefor.
A judge so procured, selected, or designated shall have all the pow-
ers and be authorized to perform all the duties of the judge of such
court.