Chap. 253.—An ACT to amend and re-enact section 5898 of the Code of
Virginia. [S B 243]
Approved March 24, 1936

1. Be it enacted by the General Assembly of Virginia, That section
fifty-eight hundred and ninety-eight of the Code of nineteen hundred
and thirty as amended be amended and re-enacted so as 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 discharge during the vaca-
tion 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 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 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 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 dis-
ability 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 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 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
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 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 such service rendered by any such judge, for another judge,
under this section, where the judge for whom the service is rendered
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 actual expenses 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, except that when the substitution herein mentioned is on account
of the fact that the judge of such court is serving as a member of the
Special Court of Appeals, then and in that event the per day and mile-
age allowance shall be paid out of the public treasury. A judge 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.

The provisions of this act shall not be construed to amend or im-
pair the provisions of sections fifty-nine hundred and twelve and/or
fifty-nine hundred and forty-three of the Code of Virginia.