Chap. 386.—An ACT to amend and re-enact sections 3116, 3117, 3120, 3122, as
amended by act approved February 29, 1892, and as further amended by act
approved February 12, 1894, 3129, 3130, 3131, 3132, 3134, and 3135 of the Code
of Virginia, and to repeal an act entitled “an act to prescribe what judges may
practice law,” approved March 2, 1888, and to repeal section 3109 of the Code
of Virginia.

Approved December 10, 1903.

1. Be it enacted by the general assembly of Virginia, That sections
thirty-one hundred and sixteen, thirty-one hundred and seventeen,
thirty-one hundred and twenty, and thirty-one hundred and twenty-
two, as amended by act approved February twenty-nine, eighteen hun-
dred and ninety-two, and as further amended by act approved February
twelfth, eighteen hundred and ninety-four, thirty-one hundred and
twenty-nine, thirty-one hundred and thirty, thirty-one hundred and
thirty-one, thirty-one hundred and thirty-two, thirty-one hundred and
thirty-four, and thirty-one hundred and thirty-five, of the Code of Vir-
ginia be amended and re-enacted so as to read as follows:

§ 3116. Places of holding courts.—Every circuit or corporation court,
for any county or corporation, shall be held at the courthouse of such
county or corporation, except where some other place is prescribed by law,
or lawfully appointed.

§ 3117. When and how changed.—Whenever. in the opinion of a cir-
cuit or corporation court, or the judge thereof, the courthouse or other
608 ACTS OF ASSEMBLY.

place wherein it is required to hold its session, cannot, or should not.
from any cause, be occupied by it, or if the same shall be destroyed, the
court may hold its session at such places as may be appointed by its
order, or by the warrant of the judge thereof in vacation, directed to its
clerk, until the courthouse or its lawful place of session, can or should
be thereafter occupied, or until another shall be built and fitted for its
occupation, or until some other place be appointed by the court.

§ 3120. Court must be held in its county or corporation.—No such
place of session, for a circuit or corporation court, shall be without the
limits of the county or corporation of which it is the court. And when
such place is appointed because of the destruction of the building in
which the court of appeals or special court of appeals was held, the new
place of session shall be within the same city or town with the old.

§ 3122. Though a court be not held on the first day of a term, it may,
nevertheless, be opened on any subsequent day, if, in the case of a circuit
or corporation court, the same be done before four o’clock in the after-
noon of the third day. After a court is opened it shall, during the term,
adjourn from day to day, and not. otherwise; and if it fail to sit on any
day to which it is adjourned, it may, nevertheless, sit on any subsequent
day of the term: provided, in the case of a circuit or corporation court.
there be not more than three consecutive days of such failure; but a cir-
cuit court, after having been in session for six days, may take a recess
for a period not exceeding twenty days; and a corporation court, after
having been in session for ten days, may take a recess for a period not
exceeding six days.

§ 3129. Judges not permitted to practice law; exceptions.—No one
holding the office of judge in this State shall practice law therein during
his continuance in office; except that it shall he lawful for a judge of a
corporation or hustings court, whose salary docs not exceed one thou-
sand six hundred dollars, during the period for which his term is con-
tinued by section seven of the schedule of the Constitution, to appear 15
attorney at law in any case not pending in his court or which cannot be
carried into the same or has not been taken therefrom by appeal or other-
wise.

§ 3130. Judges may not hold any other oflice—No person holding the
office of judge shall hold any other office or public trust during his con-
tinuance in office; except that the judge of a corporation or hustings
court in a city of the second class may hold the office of commissioner
in chancery of the circuit court for the county in which the city is lo-
cated.

§ 3131. When lawyers may try cases; how their judgments, and s0
forth, entered; their powers during trial—When a judge holding a cir-
cuit or corporation court is so situated as to render it improper, in his
judgment, for him to decide or preside at the trial of any civil cause
pending therein, the parties to such cause, plaintiff and defendant, may
with the consent of such judge, entered of record in his court, select a
member of the bar practicing therein. who shall proceed to try such
‘ause as the judge would were he sitting: and the judgment or decree
rendered in said cause shall be entered on the record of said court by its
judge as the judgment thereof: and the person so selected to try or pre

side at the trial of said cause shall have power to enforce order and com-
pel obedience during the trial of such cause by him, as the judge of said
court would have were he sitting. ,

§ 3132. Removal of judge from circuit, and so forth, vacates his of-
fice.—The removal of any judge from the circuit or jurisdiction. of the
corporation for which he was elected shall vacate his office.

§ 3134. Courts to have land books bound.—It shall be the duty of
the several circuit and corporation courts to cause to be bound, in
volumes of convenient size, all books in their respective clerks’ offices,
not now bound, showing the assessments of lands since the year eighteen
hundred and fifty, and to cause to be bound in like volumes such books
to be hereafter filed in their said clerks’ offices at intervals of not more
than five years.

§ 3135. Books, and so forth, in clerks’ offices, and offices of county
surveyors, may be rebound or transcribed; the credit to be given to
transcripts.—Any court of record may cause any of the books or records
in its clerk’s office, which may be in need thereof, to be rebound or
transcribed ; and the court of any county may also order any of the books
or records in the office of the surveyor of such county to be rebound or
transcribed. The same faith and credit shall be given to such transcript
as the book or record transcribed would have been entitled to.

2. Be it further enacted by the general assembly of Virginia, That
an act entitled “an act to prescribe what judges may practice law.” ap-
proved March second, eighteen hundred and eighty-cight, be, and the
same is hereby, repealed, and that section thirty-one hundred and nine
of the Code of Virginia be, and the same is hereby, repealed.

3. This act shall be in force on and after February first, nineteen hun-
dred and four.