Chap. 594.—An ACT to amend and re-enact section 3049 of the Code of Vir-
ginia, as amended by an act approved May 20, 1903, as amended by an act ap-
proved December 12, 1903.

Approved January 12, 1904.

1. Be it enacted by the general assembly of Virginia, That section
three thousand and forty-nine of the Code of Virginia, as amended by
act approved May twenticth, nincteen hundred and three, as amended. by
act approved December twelfth, nineteen hundred and three, be amended
and re-enacted so as to read as follows:

§ 3049. When the judge of a circuit or city court fail, or is unable to
hold same, what judge may do so; when governor may designate a judge
to do so; compensation, and so forth.—If the judge of a circuit court,
or of any city 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, he may procure a judge of a circuit court, or of some
city court for a city of the first class, to hold the said court, either for
the whole term or any part thereof. If the judge of any circuit or city
court is connected with the accused or party injured in any criminal case
pending in his court, or if such judge is so situated as to render it im-
proper, in his judgment, for him to decide any case or procecding, or to
preside at any trial, civil or criminal, pending therein, the fact shall be
entered of record by the clerk of said court, and at once certified by him
to the governor, who shall designate a judge of some circuit court or of
some city court, for a city of the first class, to preside at the trial of such
cause, or hold such term. Or in case any city or circuit judge shall, by
reason of sickness or other physical disability, be unable to hold hig
courts, or any of them, or unable to attend to any of his duties as judge,
then upon the notification by said judge, or upon the certificate of his at-
tending physician, or upon the certificate of the Commonwealth’s attor-
ney of such city or of any county of his circuit, or the clerk of such
court, to that effect, the governor shall designate some other circuit
judge or city judge of a city of the first class to hold the term or terms
of such court or courts, to order special terms, and otherwise to act and
perform the duties of judge of such court or courts in term time or in
vacation, and such judge so designated shall have the powers and per-
form all the duties of judge of such court or courts until the judge of
such court shall be again able to attend to his duties as such, and shall
so notify the governor.

If a vacancy shall 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 appointing at once a suc-
cessor, may designate a judge of some other circuit court, or of some city
court, for a city of the first class, to hold the terms of the court in which
such vacancy exists, and 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 own court, or by sickness, from deciding such case or pro-
ceeding, or from presiding at such trial, or holding the terms of such
court in which a vacancy exists, he shall so inform the governor, who
shall designate another such judge in his place. For any service ren-

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dered by any such judge so designated under this section, and in all cases
where he holds a court for a judge disabled by sickness, he shall receive
the mileage provided by law and ten dollars per day for the time he is
actually engaged in holding court, if he shall preside over a circuit court
of a county, and mileage and ten dollars per day if he shall preside over
a circuit court in a city, or over a city court; such mileage and compen-
sation to be paid out of the treasury of the county or city in which said
court is held. But if a judge of a city court in cities of the first class,
or the judge of the circuit court wherein such city is located, shall hold
court for any other judge in his own city, he shall not receive any such
mileage or compensation therefor. A judge so selected or designated
shall have all the powers and be authorized to perform all the duties of
the judge of such court.

2. This act shall be in force on and after the first day of February,
nineteen hundred and four.