CHAPTER 526

An Act to amend and reenact § 16.1-24 of the Code of Virginia, relating
to disqualification of judges of courts not of record and appointments
of persons to hold courts not of record under certain circumstances.

(H 695]
Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:
by That § 16.1-24 of the Code of Virginia be amended and reenacted as

ollows:

§ 16.1-24. If the judge, associate judge or substitute judge of any
court not of record:

(1) Bea party to an action; .

(2) Be interested in the result of any action, otherwise than as resi-
dent or taxpayer of the city or county;

(8) Be related to any party to the action as grandfather, father,
father-in-law, son, son-in-law, brother, brother-in-law, nephew, uncle, first
cousin, guardian or ward;

(4) Bea material witness for either party to the action;

(5) Be counsel for any party to the action;

He shall not take cognizance thereof unless all parties to the action consent
thereto in writing. If he shall enter any judgment in or otherwise dispose
of the action without such consent, an appeal of right may be taken as in
the case of other appeals regardless of the amount involved, but if no appeal
is taken the order or judgment shall be valid and binding.

When a judge is under any such disability or is absent or for any other
cause is unable to hold court and there is no other judge or substitute judge
of the court qualified to act, any other judge of a court not of record in the
county or city may hear and dispose of the action. In the event of the dis-
qualification, absence or inability to hold court of all such judges and sub-
stitute judges * , the judge of the circuit court of the county or the cor-
poration or hustings court of the city, as the case may be, shall appoint
a judge of another county or city or a disinterested * practicing attorney
at law if available, or if not, some other qualified person to hear and dis-
pose of * any action or actions properly coming before the court for dis-
porte on the day or days specified in the order of the court of record.

ile acting, such judge, * attorney or qualified person shall have all the
authority and power of the judge of the court, and his order or judgment
thereon shall, to all intents and purposes, be the judgment of the court.
Any person appointed under this section, other than the judge of another
court not of record, shall be compensated for his services in the same man-
ner as substitute judges are compensated by law, and any person from
another county or city so designated, shall receive actual expenses as pro-
vided by law for judges of courts of record designated to hold court in
other jurisdictions.