Chap. 40.—An ACT to amend and re-enact section 5898 of the Code of Virginia
as amended by an act approved March 20, 1920. [H B 46

Approved February 26, 1924.

1. Be it enacted by the general assembly of Virginia, That sect’on
fifty-eight hundred and ninety-eight of the Code of Virginia, as amended
by an act approved March twentieth, nineteen hundred and twenty, be
further amended and re-enacted to read as follows:

Section 5898. Power of judges to hold courts other than their own;
power and duty of governor to designate judges; power of judges to
perform vacation duties for other judges; compensation.—If the judge
of a circuit court or any city or corporation court be absent or be unable
or fail to hold any regular or special term of his court, or any part thereof,
or to perform or diseharge 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 or corporation court of a city of the
first class to hold the said court for the whole of such regular or special
term or for any part thereof, or to discharge during vacation such duty
or function.

If the judge of any circuit, or city or corporation court, in which a
prosecution is pending, 1s connected with the accused or party injured,
or so situated in respect to any case, civil or criminal, pending in his
court, as to render it improper, in his opinion, for him to preside at the
trial, unless said cause or proceeding is removed, as provided by law, he
shall enter the fact of record and the clerk of the said court shall at once
certify the same to the governor, who shall designate a judge of some
circuit court or of some city or corporation court of a city of the first
class to preside at the trial of such cause or hold such term. Or if any
city or circuit judge shall, by reason of sickness or other physical disa-
bility, be unable to hold his courts, or any of them, or to attend to his
official duties as judge, then upon the notification by said judge, or upon
the certificate of his attending physician, or upon the certificate of the
attorney for the Commonwealth or the clerk of the court of any county
or city in his circuit, to that effect, the governor may designate some
other circuit judge, or judge of a city or corporation court of a city of the
first class, to hold the term or terms of such court or courts, to order
special terms, and to otherwise perform the duties and to exercise the
powers and jurisdiction of Judge of such court or courts in term t me or
in vacation and such judge so designated shall have all the powers and
be authorized to perform all the duties of judge of such court or courts
until the judge of such court shall again be 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 at once appointing a successor, may
designate a judge of some other circuit court or of some city court of a
city of the first class to hold the terms of the court in which such vacancy
exists, until the same shall have been filled in the mode prescribed by
law. If any judge so designated shall be prevented by the duties of his
court, or by sickness, from performing the duties required, he shall so
inform the governor, who shall designate another such Judge in his place.

For any service rendered by any such judge, for another judge, under
this section, where the judge for whom the service is rendered is pre-
vented from sitting by sickness, during a part or the whole of a term, or
be so situated in respect to any case pending in his court as, to render it
improper, in his opinion, for him to preside at the trial, he shall receive
mileage and ten dollars per day for the t me he is actually engaged in
holding court; such mileage and compensation to be paid out of the
treasury of the county or city in which said court is held. A udge so
procured, selected or designated shall have all the powers and be author-
ized to perform all the duties of the judge of such court.

2. Anemergency existing, this act shall be in force from its passage.