CHAP. 497.—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,
and as further amended by an act approved March 15, 1904.

(H. B. 58.)
Approved March 23, 1916.

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 an 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, and by
an act approved March fifteenth, nineteen hundred and four,
be amended and re-enacted so as to read as follows:

Section 3049. When the judge of a circuit or city court
fail, or is unable to hold same, or is absent, or is unable to per-
form 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 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
tunction.

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 proceeding, or
to preside at any trial, civil or criminal, pending therein, un-
less 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 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 his courts, or any of them, or un-
able to attend to any of his duties as judge, then upon the noti-
fication by said judge, or upon the certificates of his attending
physician, or upon the certificate of the Commonwealth’s at-
torney 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 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 perform 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 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 appoint-
ing at once a successor, may designate a judge of some other
circuit court, or of some city court 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 another such judge in his place. For any ser-
vice rendered by any such judge so designated under this sec-
tion, 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 cir-
cuit court in a city, or over a city court; such mileage and com-
pensation 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, 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 re-
ceive any such mileage or compensation therefor. A judge so
procured, selected, or designated shall have all the powers and
be authorized to perform all the duties of the judge of such
court.

2. It being desirable to save considerable expense in ob-
taining special judges to sit, an emergency is declared to exist,
and this act shall take effect from its passage.