CHAP. 228.—An ACT to amend section 3049 of the Code of Virginia, as amended
by an act approved March 5, 1894, as further amended by an act approved May
20, 1903, and by an act approved December 12, 1903, and as further amended
by an act approved January 12, 1904.

Approved March 15, 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 an
act approved March fifth, eighteen hundred and ninety-four, as further
amended by am act approved May twentieth, nineteen hundred and
three, and by an act approved December twelfth, nineteen hundred and
three, and by an act approved January twelfth, nineteen hundred and
four, 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, or is absent, or is unable to perform duties or functions of
office, what judge may do so; when governor shall designate a judge to do
so; compensation, and so forth.—If the judge of a circuit court or of any
city court be absent or be unable or fail to attend any regular or special
term of his court, or if he be absent or fail to sit during the whole of any
regular or special term, or any part thereof, or if, owing to absence or
sickness, he be unable or fail to perform or discharge during the vacation
of such court any official duty or function authorized or required by law,
he may procure a judge of a circuit court or a judge of a city court of
some city of the first class to hold the said court for the whole of such
regular or special term.or for any part thereof, or to discharge during
vacation such duty or function.

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 improper, in his judgment, for him to
decide any case or procecding, or to preside at any trial, civil or criminal,
pending therein, unless said case or proceeding is removed as provided by
law, 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 anv citv or cir-
cuit judge shall, by reason of sickness or other physical disability, be
unable to hold his 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 attending physician, or upon the certificate of the Com-
monwealth’s attorney 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 cir-
cuit 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 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 governor, who shall designate an-
other such judge in his place. For any service rendered 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 pro-
vided 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 compensation 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 eities 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 compensa-
tion therefor. A judge so procured, selected, or designated shall have all
the powers and be authorized to perform all the dutics of the judge of
such court.