An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1926 |
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Law Number | 115 |
Subjects |
Law Body
Chap. 115.—An ACT to amend and re-enact section 5898 of the Code of Vir-
ginia, as last amended by an act approved February 26, 1924, in relation tu
the power of judges to hold courts other than their own. {fH B 75)
Approved March 6, 1926.
1. Be it enacted by the general assembly of Virginia, That sec-
tion fifty-eight hundred and ninety-eight of the Code of Virginia, as
last amended by an act approved February twenty-sixth, nineteen
hundred and twenty-four, 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, city or corporation court be absent or be unable or
fail to hald any regular or special term of his court, or any part thereof
or to perform or discharge during the vacation of such court any offi-
cial duty or function authorized or required by law he may procure
any judge of a circuit court or any judge of a city or corporation court
of record 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, is connected with the accused or party in-
jured, 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 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
record 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
disability, 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 certifi-
cate 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 record to hold the term or terms of such court or courts, to
order special terms, and to otherwise perform the duties and to exer-
cise the powers and jurisdiction of judge of such court or courts in
term time 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 cir-
cult 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 suc-
cessor, may designate a judge of some other circuit court or of some
city or corporation court of record 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 pre-
vented 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 jduge in his place.
For any service rendered by any such judge, for another judge,
under this section, where the judge from whom the service was ren-
dered is prevented 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 time 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 judge so procured, selected or designated, shall have all the
powers and be authorized to perform all the duties of the judge of
such court.
2. An emergency existing by reason of the congestion in certain
courts in some counties of the Commonwealth, this act shall be in
force from its passage.