CHAPTER 28

An Act to amend and reenact §§ 16-88 and 16-172.9 of the Code of Vir-
ginia, relating to civil and police justices and judges of juvenile and
domestic relations courts and to their substitutes.

[H 128]

Approved February 13, 1952

Be it enacted by the General Assembly of Virgina:

1. That §§ 16-88 and 16-172.9 of the Code of Virginia be amended and
reenacted, as follows:

§ 16-88. The court of such civil and police justice shall be open for
the transaction of business every day in the year, except Sundays and
legal holidays, but the justice shall be allowed annually a vacation period
of not more than one month. The judge of the corporation or hustings
court of each of such cities shall, by proper order of record, appoint as
substitute civil and police justice a suitable person, preferably a lawyer,
and may at any time revoke such appointment and make a new appoint-
ment in like manner in the event of such revocation, or of the death,
absence or disability of such substitute civil and police justice. In the
event of the inability of the civil and police justice to perform the duties
of his office by reason of sickness, absence, vacation, interest in the claim,
proceeding or parties before his court or otherwise, such substitute civil
and police justice shall perform the duties of the office during such absence
or disability and shall receive for his services a per diem compensation
equivalent to one-twentieth of a monthly instalment of the salary of the
civil and police justice, payable out of the treasury of the city. The account
for such services shall be approved by the corporation or hustings court.
While acting as such either the civil and police justice or the substitute
civil and police justice may perform all acts with reference to the proceed-
ings, judgments and acts of the other in any warrant, claim or proceeding
before the court of the civil and police justice in the same manner and with
the same force and effect as if they were his own.

In the event of the inability of the civil and police justice and the
substitute civil and police justice to hear any case for.any of the reasons
above mentioned, the judge of the circuit or corporation court shall appoint
a trial justice of another county or the civil and police justice of another
city to hear such case, and his judgment thereon shall, to all intents and
purposes, be the gudgment of the court of such civil and police justice.

§ 16-172.9. The judge or judges of each city or county who have
authority to appoint the several juvenile judges shall by proper order of
record appoint, upon the recommendation of the judge of the juvenile and
domestic relations court, as a substitute judge of such court, a discreet
and competent person and may at any time revoke the appointment and
make a new appointment in like manner in the event of revocation or of
the resignation, death, absence or disability of the substitute judge. In
the event the police justice, civil justice, civil and police justice, or trial
justice is appointed juvenile and domestic relations court judge, then
the substitute police justice, civil justice, civil and police justice, or trial
justice shall be substitute judge of the juvenile and domestic relations
court. In the event of the absence or disability of the judge or associate
judge of the juvenile and domestic relations court to perform the duties
of his office or the impropriety of his acting, the substitute judge shall
perform the duties and possess the powers of the judge during such periods
and in the event of the resignation, death, removal or permanent disability
of the judge or associate judge the substitute judge shall act until a suc-
cessor has been appointed and has qualified.

In the event all judges and their associates and substitutes are dis-
qualified, the judge of the circuit or corporation court shall appoint a judge
of another county or city to hear such case, and his judgment thereon shall,
to all intents and purposes, be the judgment of the court of such judge.