Chap. 55.—An ACT to amend and re-enact an act of the general assembly of
Virginia, approved March 5, 1894, entitled “an act to amend and re-enact section
3049 of the Code of Virginia, providing when a judge of a county or corporation
court fails to hold the same, what judge may do so, when the governor may
designate a judge to do so, his pay and mileage.”

Approved January 27, 1903.

1. Be it enacted by the general assembly of Virginia, That section
thirty hundred and forty-nine of the Code of Virginia, cighteen hundred
and cighty-seven, as amended by act of the general assembly, approved
March fifth, eighteen hundred and ninety-four, be amended and re
enacted so as to read as follows:

§ 3049. When the judge of a county or corporation court fails or is
unable to hold the same; what judge may do so; when governor may
designate a judge to do so; his pay and mileage.—If a judge of a county
or corporation court be unable or fail to attend a regular term of his
court, or be prevented by sickness from sitting during the whole term, or
any part thereof, the fact shall be certified to the governor by the judge,
the clerk of the court, or the Commonwealth’s attorney of said county or
corporation, who shall designate a judge to hold said court, and if it be a
corporation court, shall designate a judge of a corporation or circuit
court. And if the judge of any county or corporation court shall be so
situated as to render it improper, in his judgment, for him to decide any
case, or preside at any trial, civil or criminal, he shall so enter of record
as soon as said case comes before his court, and the clerk of said court
shall at once certify the same to the governor, who shall designate a judge
of a county court to preside over said court during the trial of said case,
if it be in the county court, or a judge of a corporation or circuit court if
it be in a corporation court. When a vacancy either by death or resigna-_
tion exists in the office of judge of a county or corporation court, the clerk
of such court shall certify the fact to the governor of the State, who is
hereby authorized to designate a judge of any other county court to hold
the regular terms of the county court in which such vacancy exists, and to
designate any circuit or corporation judge to hold the regular terms of
the corporation court in which such vacancy exists, until such vacancy be
filled as prescribed by law; and for any service provided for in this sec-
tion said judge shall receive the mileage prescribed by law and five dollars
per day for the time he is actually engaged in holding court, to be paid
out of the treasury of the county or corporation in which said court is
held: provided, however, that this section shall not apply to the hustings
court or to the chancery court of the city of Richmond.

2. This act shall be in force from its passage.