Chap. 236.—An ACT to amend and re-enact section 5898 of the Code of Vir-
ginia, aS amended, relating to the compensation and mileage of a judze
holding a court other than his own. [S B 227]

Approved March 16, 1928

1. Be it enacted by the general assembly of Virginia, That sec-
tion fifty-eight hundred and ninety-eight of the Code of Virginia
be amended and re-enacted so as to read as follows:

Section 5898. If the judge of a circuit court or any city or
corporation court be absent or be unable to fail to hold any
regular or special term of his court, or any part thereof, or to per-
form 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 or corporation court
of a 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 or corporation court, in which
a prosecution is pending, is connected with the accused or party in-
jured, or so situated in respect to any case, civil or criminal pending
in his court, as to render it improper, in his opinion, for him to
preside at the trial, unless said cause or proceeding is removed, as
provided by law, he shall enter the fact of record and the clerk of
the said court shall at once certify the same to the governor, who
shall designate a judge of some circuit court or of some city or
corporation court of a city of the first class to preside at the trial
of such cause or hold such term. Or if 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 to attend to his official duties
as judge, then upon the notification by said judge, or upon the
certificate of his attending physician, or upon the certificate of the
attorney for the Commonwealth or the clerk of the court of any
county or city in his circuit, to that effect, the governor may des-
ignate some other circuit judge, or judge of a city or corporation
court of a city of the first class, to held the term or terms of such
court or courts, to order special terms, and to otherwise perform the
duties and to exercise the powers and jurisdiction of judge of such
court or courts in term time or in vacation and such judge so des-
ignated shall have all the powers and be authorized to perform all
the duties of judge of such court or courts until the judge of such
court shall again be 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 at once appointing a
successor, may designate a judge of some other circuit court or of
some city court of a city of the first class to hold the terms of the
court in which such vacancy exists, 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 court, or by sickness, from
performing the duties required, he shall so inform the governor,
who shall designate another such judge in his place.

For any service rendered by any such judge, for another judge,
under this section, where the judge for whom the service is rendered
1s prevented from sitting by sickness, during a part or the whole
of a term, or be so situated in respect to any case pending in his
court as, to render it improper, in his opinion, for him to preside
at the trial, he shall receive actual expenses and ten dollars per
day for the time he is actually engaged in holding court; such
mileage and compensation to be paid out of the treasury of the
county or city in which said court is held, except that when the
substitution herein mentioned is on account of the fact that the
judge of such court is serving as a member of the special court of
appeals, then and in that event the per day and mileage allowance
shall be paid out of the public treasury. 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.