Chap. 291.—An ACT to amend and reenact Section 5898, as amended, of the Code
of Virginia providing for the designation, jurisdictions, duties, powers and
compensation of judges appointed to hold courts for or assist a ies.

Approved March 16, 1948

Be it enacted by the General Assembly of Virginia:

1. That section fifty-eight hundred ninety-eight, as amended,
of the Code of Virginia be amended and reenacted as follows:

Section 5898. Designation of judges to hold courts, and assist
other judges; jurisdiction, powers, duties and compensation of
judges designated.—lIf the judge of a circuit court or any city
or corporation 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 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 to hold his 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
injured, 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 the cause or proceeding is remov-
ed, as provided by law, he shall enter the fact of record and the
clerk of the court shall at once certify the same to the Chief Justice
of the Supreme Court of Appeals, who shall designate a judge
of some circuit court or of some city or corporation court of a
city or a retired judge of any of the courts 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 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 such courts to hold the term or terms of such court
er 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 designated shall have all the powers and be authorized to per-
form 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
appointing 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 required, 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, corpora-
tion 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 performance 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, when 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 when a judge or retired judge
is designated to assist another judge, he shall receive actual
expenses for the time he is actually engaged in holding court;
such expenses to be paid out of the treasury of the county or
city in which the court is held, except that when the procurement
or designation provided for in this section is made on account of the
fact that the judge of such court is sitting in some other court by
designation or in his official capacity is performing some other
duty imposed upon him by law then and in that event such expenses
shall be paid out of the State treasury. The provisions of this
section shall not be construed to amend or impair the provisions
of section fifty-nine hundred twelve or of section fifty-nine hundred
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
court, designated by the Chief Justice for such purpose. .