Chap. 241.—An ACT to amend and re-enact Section 4970 of the Code of Vir-
ginia, as amended, relating to the designating of some other Commonwealth’s at-
torney or some attorney at law to prosecute cases when the Commonwealth's
attorney of the county or city is not in a position to prosecute the same.

[S B 212]
Approved March 25, 1946

Be it enacted by the General Assembly of Virginia:

1. That section forty-nine hundred seventy of the Code of Vir-
ginia, as 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, indictment,
nor warrant has been as yet commenced, is connected by blood or mar-
riage 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, an
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 said
attorney for the Commonwealth or attorney at law, and the judge of said
court of such appointment and designation, and shall certify such desig-
nation to the said court and in either case, the same shall be forthwith
entered of record therein. Such attorney for the Commonwealth or an
attorney at law, shall act in place of, and otherwise perform the duties
and exercise the powers of such disqualified or disabled attorney for
the Commonwealth, in regard to such case or cases, for the term or
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 or attorney at law so appointed shall re-
ceive such compensation as the judge of the circuit court of the county
or circuit or other court of the city in which the case 1s tried or the ser-
vice is rendered deems reasonable, in addition to the actual expenses
for the time that he is actually engaged, such compensation and expenses
to be paid by the State and the county, or city, in which such service
is rendered, in the same proportions in which the salaries and expenses
of Commonwealth’s attorneys are paid under existing law. If it shall
be necessary for the attorney for the Commonwealth to absent himself
from the performance 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 Com-
monwealth shall appoint an attorney at law as acting attorney for the
Commonwealth to serve for such length 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 Com-
monwealth, who during such length of time shall not receive any such
salary or allowance.