Chap. 393.—An ACT to amend and re-enact Section 4970 of the Code of Virginia,
as heretofore amended, relating to special prosecuting attorneys, so as to provide
for the designation of the Commonwealth’s Attorney for any other county or
city, or an attorney at law to act fora Commonwealth’s Attorney who for certain
reasons is unable or disqualified to perform the duties of his office, and to
authorize the appointment of acting Commonwealth’s Attorneys in certain cases.

[S B 45]
Approved April 3, 1942

1. Be it enacted by the General Assembly of Virginia, That sec-
tion forty-nine hundred and seventy of the Code of Virginia, as here-
tofore amended, be amended and re-enacted, as follows:

Section 4970. Appointment of Special, Substitute and Acting At-
torneys for the Commonwealth; Duties and Powers.—If the attorney
for the Commonwealth of any circuit, city, hustings or corporation court,
in which a prosecution is pending, or in which no proceeding, indict-
ment, nor warrant has been as yet commenced, is connected by blood or
marriage with the accused, or is so situated as to render it improper, in
his opinion, concurred in by the judge, for him to act, or if the attorney
for the Commonwealth of any circuit, city, hustings or corporation court
shall, by reason of sickness, other physical disability, or for any other
reason, be unable to act, or to attend to his official duties as attorney for
the Commonwealth, then upon the notification by said attorney for the
Commonwealth, or upon the certificate of his attending physician, or of
the clerk of the court, which fact shall be entered of record, the judge
of such court, may designate, or said judge or the clerk of such court
shall certify the same to the Attorney General who shall designate, ar
attorney for the Commonwealth of some other county or city, or an at-
torney at law for such case or cases, term or terms of the court, or period
or periods of time, as may be necessary or desirable. When such designa-
tion is made by the Attorney General, he shall promptly notify the saic
attorney for the Commonwealth or attorney at law, and the judge o:
said court of such appointment and designation, and shall certify suck
designation to the said court and in either case, the same shall be forth-
632 ACTS OF ASSEMBLY [va., 194;

with entered of record therein. Such attorney for the Commonwealtl
or an attorney at law, shall act in place of, and otherwise perform th
duties and exercise the powers of such disqualified or disabled attorney
for the Commonwealth, in regard to such case or cases, for the term o1
terms of the court, the period or periods of time, for which the appoint
ment and designation is made, or until the said attorney for the Com:
monwealth shall again be able to attend to his duties as such. The at-
torney for the Commonwealth so appointed shall receive no additiona’
compensation, nor shall such attorney at law receive any compensation.
but such attorney for the Commonwealth or such attorney at law shali
receive actual expenses for the time that he is actually engaged, suck
expenses to be paid out of the treasury of the county or city in which
such attorney for the Commonwealth is acting. If it shall be necessary
for the attorney for the Commonwealth to absent himself from the per-
formance of the duties of his office by reason of service in the armed
forces of the United States, or for any reason, then, upon notification
by said attorney for the Commonwealth, and the facts being entered of
record, the judge of the court of said attorney for the Commonwealth
shall appoint an attorney at law as acting attorney for the Common-
wealth to serve for such lengths of time as may be necessary, who shall
act in place of and otherwise perform the duties and exercise the powers
of such regular attorney for the Commonwealth, and while so acting
shall receive the salary and allowances for expenses fixed by the State
Compensation Board for said regular attorney for the Commonwealth,
who during such length of time shall not receive any such salary or al-
lowance.