Chap. 433.—An ACT to repeal section 3043; section 3044, as amended by an act
approved March 3, 1896; section 3045, as amended by an act approved January
18, 1888; sections 3046, 3047, 3048, 3051, aryl 3052 of the Code of Virginia, and
to amend and re-enact section 3049, as amended by an act approved May 20,
1903; section 3050; section 3053, as amended by an act approved January 18,
1888; section 3054, as amended by an act approved February 28, 1898, and sec-
tion 3055 of the Code of Virginia.

Approved December 12, 1903.

1. Be it enacted by the general assembly of Virginia, That section
three thousand and forty-three; section three thousand and forty-four.
as amended by an act approved March third, eighteen hundred and
ninety-six ; section three thousand and forty-five, as amended by an act ap-
proved January eighteenth, eighteen hundred and eighty-eight; sections
three thousand and forty-six, three thousand and forty-seven, three
thousand and forty-eight, three thousand and fifty-one, and three
thousand and fifty-two of the Code of Virginia, be, and the same are
hereby, repealed, and that scction three thousand and forty-nine, as
amended by an act approved May twentieth, nineteen hundred and three;
section three thousand and fifty; section three thousand and fifty-three,
as amended by an act approved January cighteenth, eighteen hundred and
eighty-eight ; section three thousand and fifty-four, as amended by an act
approved February twenty-eighth, eighteen hundred and ninety-eight,
and section three thousand and fifty-five of the Code of Virginia, 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 cireuit 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 proceeding, 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 suca
cause, or hold such term. 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 certi-
fied by the clerk of such court to the governor, who, instead of appointing
at once a successor, 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 proceeding, or from presiding at such trial, or holding the
terms of such court in which a vacancy exists, he shall so inform the gov-
ernor, who shall designate another such judge in his place. For any ser-
ice rendered by any such judge so designated under this section, and in
ll cases where he holds a court for a judge disabled by sickness, he sha!}
eceive the mileage provided by law and ten dollars per day for the time
@ is actually engaged in holding court, if he shall preside over a circuit
ourt of a county, and mileage and ten dollars per day, if he shall preside
ver a circuit court in a city, or over a city court; such mileage and com-
ensation to be paid out of the treasury of the county or city in which
aid court is held. But if a judge of a cily court in cities of the first
lass, or the judge of the circuit court wherein such city is located, shall
old court for any other judge in his own city, he shall not receive any
uch mileage or compensation therefor. A judge so selected or designated
hall have all the powers and be authorized to perform all the duties of
he judge of such court.

$3050. Corporation courts; cities first and second classes—For the
nurpose of a judicial system the following cities, which,as shown by the last
cnited States census, or other census provided by law, contain ten thou-
and inhabitants or more, to-wit: Alexandria, Danville, Lynchburg, Man-
hester, Newport News, Norfolk, Petersburg, Portsmouth, Richmond, and
Roanoke, are hereby declared to be cities of the: first class; and all other
‘ities in the State are hereby declared to be cities of the second class.

The corporation or hustings courts heretofore established and now ex-
sting in each of the above named cities of the first class are hereby con-
‘inued under the same name under which they had been previously
‘nown: and under such name shall be taken and deemed to be the cor-
poration courts required by the Constitution to be established in said
‘ities. The corporation or hustings courts heretofore established and now
-xisting in each of the following named cities of the second class, to-wit :
Charlottesville, Fredericksburg, Staunton, Winchester, Bristol, Radford,
ind Buena Vista, are hereby continued under the name of “the cor-
oration court” of such city, and shall be so known and held until the
came shall be abolished by a vote of the people of such city, as provided
in the Constitution. Fach of such courts shall be held by a judge with
ike qualifications, and elected in the same manner as judges of the su-
preme court of appeals.

The chancery court of the city of Richmond, the law and equity court
of the city of Richmond, and the court of law and chancery in the city
nf Norfolk, as now existing, are hereby continued with the same jurisdic-
tion and powers, and subject to all the requirements conferred by or con-
tained in the several acts of the general assembly ereating said courts, or
which have been passed with reference thereto. ,

§ 3053. Terms of city and corporation courts.—For every corporation
in which is established by Jaw a corporation court, or other city court,
there shall be held monthly terms of the said courts, unless otherwise ex-
pressly provided by law;.but a judge of any such court may, in his dis-
cretion, omit the holding of the term for the month of July or the monti
of August in each year, as he may deem best.

§ 3054. Terms of said court ; judges may change.—The term of all cor-
poration or city courts shall commence on the days now fixed for the
same: but the judge of every such court may, from time to time, change
the day for the commencement of the terms thereof, or any of them. The
668 ACTS OF ASSEMBLY.

clerk of such court, within thirty.days after such change, shall send a
copy of the order making it to the clerk of the house of delegates, and, for
the failure to do so, shall forfeit fifty dollars.

The judge of such court may designate four or more terms of such
court for the trial of civil eases in which juries are required, and there-
after, until otherwise ordered, all cases cognizable in such court in which
juries are required, except criminal cases, and cases of forcible entry and
unlawful detainer, which may be tried at any term, shall be tried only
at such terms as are so designated: provided, however, that the said court
shall at any term hear and determine any action or motion ex contractu
where the defendant does not appear and demand a trial by jury.

§ 3055. Jurisdiction of corporation and city courts.—The several cor-
poration or hustings courts shall, within the territorial limits of the
cities for which they are established, have the same jurisdiction which the
circuit courts have in the counties for which they are established, and for
the appointment of electoral boards, as provided by section thirty-one of
the Constitution; and, concurrently with the circuit court, they shali
also have jurisdiction over all offenses committed in any county within
one mile of the corporate limits of such city; and such other jurisdiction
as may be conferred on them by law; but the provisions of this section
shall not apply to the courts of the city of Richmond, nor the law and
chancery court of the city of Norfolk.

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