Chap. 371.—An ACT to amend and re-enact Section 4987-b of the Code of Virginia,
as heretofore amended, relating to substitute trial justices, to provide for ap-
pointment of assistant substitute trial justices under certain circumstances.

; [fH B 444]
Approved April 1, 1942

1. Be it enacted by the General Assembly of Virginia, That sectior
forty-nine hundred and eighty-seven-b of the Code of Virginia, as here-
tofore amended, be amended and re-enacted, as follows:

Section 4987-b. Appointment of substitute trial justice; compen.
sation; duties, substitute trial justices in office continued—The circut
court for each such county or the judge thereof in vacation, shall appoin
a substitute trial justice and may at any time revoke such appointment, anc
cH. 3/1] ACTS OF ASSEMBLY 567

may make a new appointment in the event of such revocation, or of the
death, absence or disability of such substitute trial justice. In the event of
the inability of the trial justice to perform the duties of his office, by
reason of sickness, absence, vacation, interest, proceedings or parties
before his court, or otherwise, such substitute trial justice shall pertorm
the duties of the office during such inability and shall receive for his
services a per diem compensation equivalent to one-twenty-fifth of the
monthly installment of the salary of the trial justice, which, in the dis-
cretion of the board of supervisors of the county, may be deducted from
the salary of the trial justice, except that no deduction shall be made on
account of the vacation period herein provided. While acting as such
trial justice, the substitute trial justice shall perform the same duties,
have the same jurisdiction, exercise the same powers and authority, and
be subject to the same obligations as provided herein in respect to the
trial justice. The trial justice or the substitute trial justice, while acting
as trial justice, may perform all acts, with reference to the proceedings,
acts and judgments of the other, in the same manner and with the same
force and effect as if such proceedings, acts and judgments were his own.

In the event of the inability of both the trial justice and the substitute
trial justice to hear any case for any of the reasons above mentioned, the
judge of the circuit court shall appoint a trial justice of another county
or appoint some disinterested resident practicing attorney at law to hear
such case, and his judgment thereon shall, to all intents and purposes, be
the judgment of the court of such trial justice.

Every substitute trial justice heretofore appointed and, immediately
prior to this section becoming effective, functioning under then existing
law shall continue in office until the expiration of the term of office for
which he was appointed, unless such appointment is revoked as herein-
above provided, with all of the rights and powers and subject to the pro-
visions of sections forty-nine hundred and eighty-seven-a to forty-nine
hundred and eighty-seven-o, both inclusive, as if appointed hereunder.

During the emergency caused by the need of national defense and by
a state of war existing between the United States and certain foreign
nations, no substitute trial justice shall forfeit his title to office or be held
to have vacated the same by reason of his having been or hereafter being
drafted or otherwise enlisted for service in the military forces of the
United States for the duration of the present emergency or any portion
thereof. In any such case, the court or judge by whom such substitute
trial justice was appointed, shall appoint an assistant substitute trial
justice to serve during his absence, who shall have all the authority con-
ferred upon substitute trial justices by this section, and shall receive
for his services the compensation provided for the substitute trial justice
by the authorities authorized to fix the same; provided, however, that
the substitute justice shall not receive any compensation during such time
as he is in service in the armed forces of the United States during the

present emergency.
568 ACTS OF ASSEMBLY [va., 1942