Chap. 77.-—An ACT to amend and re-enact Section 5898 of the Code of Virginia,
as heretofore amended, relating to the designation of judges to hold courts
other than their own, so as to include within its provisions certain retired
judges, and the designation of judges and retired judges to assist other
judges, and to repeal an act entitled “An act to provide for holding the
courts of the Twenty-seventh Judicial Circuit of Virginia, and who may
hold the same, and the pay of the judge holding said court, and as to the
other counties in said judicial circuit reimbursing the county in which said
court is held for part of the pay of said judge so holding said court”, approved
March 25, 1926. [S B 33]

Approved March 8, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
ion fifty-eight hundred and ninety-eight of the Code of Virginia, as
heretofore amended, be amended and re-enacted so as to read as fol-
lows:

Section 5898. Designation of Judges to Hold Courts, and Assist
Other Judges; Jurisdiction, Powers, Duties and Compensation of
Judges Designated.—If the judge of a circuit court or any city or cor-
poration court be absent or be unable or fail to hold any regular or
special term of his court, or any part thereof, or to perform or dis-
charge 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 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 whick
a prosecution is pending, is connected with the accused or party 1n-
jured, or so situated in respect to any case, civil or criminal, pending
:n 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 providec
by law, he shall enter the fact of record and the clerk of the said cour’
shall at once certify the same to the Chief Justice of the Suprem
Court of Appeals, who shall designate a judge of some circuit cour
or of some city or corporation court of a city or a retired judge o:
any of said courts to preside at the trial of such cause or hold sucl
term. Or if any city or circuit judge shall, by reason of sickness o:
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
Chief Justice of the Supreme Court of Appeals may designate some
other circuit judge, or judge of a city or corporation court of a city
or a retired judge of any of said courts to hold 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 desig-
nated 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 Chief Justice of the Supreme Court of Appeals.

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 may, instead of at once ap-
pointing a successor, request the Chief Justice of the Supreme Court
of Appeals to designate a judge of some other circuit or city court or
a retired judge of any such court 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 re-
quired, he shall so inform the Governor, who may thereupon request the
Chief Justice of the Supreme Court of Appeals to designate another
such judge in his place.

If on account of congestion in the work of any circuit, corporation
or other city court in this State, there is, in his opinion need therefor,
the Chief Justice of the Supreme Court of Appeals may, upon his own
initiative or upon application of the judge desiring assistance, designate
the judge of any circuit, corporation or city court, or a retired judge
thereof, to assist the judge of any other such court in the pertorm-
ance of his duties as judge, and every judge so designated shall have
the same powers and jurisdiction and be authorized to perform the
same duties as the judge whom he is designated to assist.

For any such service rendered by any such judge, or retired judge,
for another judge under this section, where the judge for whom the
service is rendered is 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, or where a judge or retired judge is designated to assist
another judge, he shall receive actual expenses for the time he is ac-
tually engaged in holding court; such expenses to be paid out of the
treasury of the county or city in which said court is held. The pro-
visions of this section shall not be construed to amend or impair the
provisions of sections fifty-nine hundred and twelve and/or fifty-nine
nundred and forty-three of the Code of Virginia.

The powers and duties herein conferred and imposed upon the
Chief Justice of the Supreme Court of Appeals, may be exercised and
performed by any justice, or any committee of justices, of the said
Court, designated by the Chief Justice for such purpose.

2. Be it further enacted by the General Assembly of Virginia, That
an act entitled, “An act to provide for holding the courts of the twenty-
seventh judicial circuit of Virginia, and who may hold the same, and
the pay of the judge holding said court, and as to the other counties
in said judicial circuit reimbursing the county in which said court 1S
held for part of the pay of said judge so holding said court,” approved
March twenty-fifth, nineteen hundred and twenty-six, be, and the same
is hereby, repealed.