Chap. 436.—An ACT to amend and re-enact Section 4987-b of the Code of Vir-
ginia, in relation to substitute trial justices, so as to provide for the hearing
of cases which both the trial justice and substitute trial justice are dis-
qualified or unable to hear. [H B 528]

Approved April 1, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion forty-nine hundred and eighty-seven-b of the Code of Virginia,
be amended and re-enacted so as to read as follows:

Section 4987-b. Appointment of substitute trial justice; compensa-
tion: duties, substitute trial justices in office continued—The circuit
court for each such county or the judge thereof in vacation, shall ap-
point a substitute trial justice and may at any time revoke such ap-
pointment, and may make a new appointment in the event of such
revocation, or of the death, absence or disability of such substitute trial
justice. In the event of the inability of the trial justice to perform the
duties of his office, by reason of sickness, absence, vacation, interest
proceedings or parties before his court, or otherwise, such substitute
trial justice shall perform the duties of the office during such inability
and shall receive for his services a per diem compensation equivalen'
to one-twenty-fifth of the monthly installment of the salary of the tria
justice, which, in the discretion of the board of supervisors of the county
may be deducted from the salary of the trial justice, except that nc
deduction shall be made on account of the vacation period herein pro
vided. While acting as such trial justice, the substitute trial justice
shall perform the same duties, have the same jurisdiction, exercise the
same powers and authority, and be subject to the same obligations as
provided herein in respect to the trial justice. The trial justice or the
substitute trial justice, while acting as trial justice, may periorm all
acts, with reference to the proceedings, acts and judgments of the other,
in the same manner and with the same force and effect as if such pro-
ceedings, acts and judgments were his own.

In the event of the inability of both the trial justice and the sub-
stitute trial justice to hear any case for any of the reasons above men-
tioned, the judge of the circuit court shall appoint a trial justice of
another county or appoint some disinterested resident practicing attor-
ney at law to hear such case, and his judgment thereon shall, to all
intents and purposes, be the judgment of the court of such trial justice.

Every substitute trial justice heretofore appointed and, immediately
prior to this section becoming effective, functioning under then exist-
ing law shall continue in office until the expiration of the term of office
for which he was appointed, unless such appointment is revoked as
hereinabove provided, with all of the rights and powers and subject
to the provisions of sections forty-nine hundred and eighty-seven-a
to forty-nine hundred and eighty-seven-o, both inclusive, as if appointed
hereunder.