Chap. 143.—An ACT to amend and re-enact section 5889 of the Code of Vir-
ginia. (S B 231]

Became a law without the signature of the governor March 8, 1920.

1. Be it enacted by the general assembly of Virginia, That section
fifty-eight hundred and eighty-nine of the Code of Virginia be and
the same hereby is amended and re-enacted so as to read as follows:

Sec. 5889. Vacancies in the office of judge; new circuits; how
judges elected; duration and commencement of terms of office.—

henever a vacancy occurs in the office of judge his successor shall
be elected for the unexpired term, and upon qualification, shall enter
at once upon the discharge of the duties of his office, and whenever
the term of office for which a judge was elected or appointed shall
expire while the general assembly is in session and the genera! assem-
bly shall fail or neglect to choose his successor, and shall adjourn
without having chosen his successor, in the manner prescribed by
law, a vacancy in the office of such judge shall be thereby created and
shall be deemed to occur and exist immediately following the adjourn-
ment of such session of the general assembly, provided, however, that
if such vacancy shall be created, or shall occur or exist, from what-
ever cause, in the office of judge of a city court of a city of the second
class during the recess or following the adjournment of any session
of the general assembly, such vacancy shall not be filled pro tempore
by the governor, but the judge of the circuit court of the county
within such city is situated, upon taking and subscribing the oath
required and prescribed by law to be taken and subscribed by a per-
son elected or appointed judge of such city court, shal: act as and
become and-be, in all respects, the judge of such city court, ad interim,
as, and he shall become, be and continue, the successor in that office
of the judge of such city court whose term of service anu office has
so expired, or who has otherwise ceased to be such judge, until a
judge thereof shall be chosen by the joint vote of both houses of the
general assembly and shall have qualified, and while he is so acting
as such judge, ad interim, he shall receive and be paid wholly from
the treasury of such city, as compensation for his services in that
behalf and for the additional duties hereby imposed upon him, in
addition to the compensation which he is entitled to receive as judge
of his judicial circuit, the sum of ten dollars per day and his actual
hotel and traveling expenses while proceeding to, holding, and re-
tuming to his home from said city court. If a new or additional
circuit be created, a judge shall be chosen therefor by the joint vote
of the two houses of the general assembly for a term of eight years,
commencing on the first day of February next following his election,
and the governor may either appoint a judge for such circuit for
the time elapsing from the date of its creation until the commencement
of such term, or designate one or more circuit judges or judges of
city courts of cities of the first class to act as judge of the several
counties and cities composing such new circuit for the time aforesaid.

Zz. An emergency is hereby declared to exist, and, accordingly,
this act shall be in force and effect from and after its passage.