Chap. 81.—An ACT to amend and re-enact section 3427 of the Code of Virginia, as
amended and re-enacted by an act entitled “an act to amend and re-enact section
3427 of the Code of Virginia, in relation to how a chancery cause submitted for
decision in vacation, how the decree certified and entered, ite effect,” approved
January 27, 1896, as amended and re-enacted by an act entitled “an act to amend
and re-enact section 3427 of the Code of Virginia,’ as amended and re-enacted
by an act entitled “an act to amend and re-enact section 3427 of the Code of
Virginia, in. relation to how a chancery cause submitted for decision in vacation,
how the decree certified and entered, its effect,” approved January 27, 1896, so as
to permit the court, when not advised of its judgment, without consent of
parties, to direct a chancery cause to be submitted for decision and decree in
vacation, and also to direct decrees and orders acted upon in term to be entered
in vacation, and to provide for the hearing of matters of law, or fact, requiring
argument in open court, so far as practicable, approved March 3, 1898, as
amended and re-enacted by an act entitled an act to amend and re-enact section
3427 of the Code of Virginia, approved April 2, 1902, in relation to
how a chancery cause, motion, action at law, or matter of law, or fact,
arising therein may be submitted for decision in vacation; the powers of the
judge thereinunder; how the decree, judgment, or order, is to be certified and
entered, and the effect thereof; and how causes are to be heard.

Approved March 7, 1903.

1. Be it enacted by the general assembly of Virginia, That section
hirty-four hundred and twenty-seven of the Code of Virginia, as amended
ind re-enacted by an act entitled “an act to amend and re-enact section
hirty-four hundred and twenty-seven of the Code of Virginia, in relation
‘o how a chancery cause submitted for decision in vacation; how the
lecree certified and entered ; its effect,” approved January twenty-seventh,
ighteen hundred and ninety-six, as amended and re-enacted by an act
ntitled “an act to amend and re-enact section thirty-four hundred and
twenty-seven of the Code of Virginia, as amended and re-enacted by an
act entitled an act to amend and re-enact section thirty-four hundred and
twenty-seven of the Code of Virginia, in relation to how a chancery cause
submitted for decision in vacation ; how the decree certified and entered;
its effect,” approved January twenty-seventh, eighteen hundred and
ninety-six, so as to permit the court, when not advised of its judgment,
without consent of parties, to direct a chancery cause to be submitted for
decision and decree in vacation, and also to direct decrees and orders acted
upon in term to be entered in vacation; and to provide for the hearing of
matters of law or fact, requiring argument in open court so far as prac-
ticable, approved March third, eighteen hundred and ninety-eight, as
amended and re-enacted by an act entitled an act to amend and re-enact
section three thousand four hundred and twenty-seven of the Code of
Virginia, approved April second, nineteen hundred and two, be amended
and re-enacted so as to read as follows:

§ 3427. How a motion, action at law, chancery cause, or any matter of
law, or fact arising therein, submitted for decision in vacation ; how order,
judgment, or decree, certified and entered ; effect thereof; how causes shall
be heard.—Any motion, action at law, or chancery cause, pending in a
circuit, or corporation court, or any matter of law, or fact, arising in such
motion, action at law, or chancery cause, may by consent of parties, either
in person or by counsel, next friend or guardian ad litem, in term time
entered of record, or by like consent in vacation, be submitted to the
58 ACTS OF ASSEMBLY.

judge of said court for such decision and decree, judgment, or order,
therein in vacation as might be made in term (and such court may, either
in term time or vacation, without such consent, when it desires time to
consider of its judgment as to any motion, action at law, chancery cause.
or matter of law, or fact arising therein, which has been fully argued and
submitted, direct such motion, action at law, chancery cause, or matter
of law, or fact, to be submitted for decision, and decree, judgment, or
order in vacation) : provided, that no such consent shall be necessary as to
any defendant against whom the cause, action, or motion has been matured
by order of publication, and who has not appeared by motion, demurrer,
plea, or answer. When such consent is in vacation, the judge shall
certify the fact to the clerk of the court in which the motion, action at
law, or chancery cause is pending, to be entered in the law, or chancery
order book, as the case may be. The judge acting in vacation under this
section, in addition to the other powers herein given to him, shall have
authority to do any and all things, and to enter all judgments, decrecs,
or orders, in behalf of, or at the request of, a party desiring to take an
appeal, or to apply for a writ of error, that the court might do, or enter.
in term time. The judge shall certify the judgments, ordere and decree
made by him in vacation to the clerk aforesaid, to be entered in like
manner as the vacation consent. All judgments, orders, and decrees 0
made and entered, shall have the same force and effect as if made and
entered in term, except that in the case of a judgment, order, or decree
for money, the same shall be effective only from the time of day at which
it is received in the clerk’s office to be entered of record. During a term
of such circuit or corporation court, all matters of law, or fact, requiring
argument, shall so far as practicable be heard in open court in the court-
house, and not in chambers, and the court shall be kept open for a reason-
able time each day of the term for such hearings. This section shal] not
be construed as giving authority for jury trials except in term time.
2. This act shall be in force from its passage.