CHAPTER 474

An Act to amend and reenact § 15-152.9, as amended, of the Code of
Virginia, relating to vacancies on the court occurring during the trial
of an annexation proceeding, so as to continue thereon the judge of
the circuit court of the county in which such proceeding is pending.

[S 343]
Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:

1. That § 15-152.9, as amended, of the Code of Virginia, be amended
and reenacted as follows:

§ 15-152.9. If a vacancy occurs on such court at any time prior to
the final disposition of the case and the completion of all duties required
to be performed by it, the court shall not be dissolved and the proceeding
shall not fail; but the vacancy shall be filled by designation of another
judge, possessing the qualifications prescribed in § 15-152.8. Such substi-
tute judge shall have all the power and authority of his predecessor and
the court shall proceed as so constituted to hear and determine the case
and do all things necessary to accomplish its final disposition and the
completion of all the duties of the court, including such matters as the
certification of evidence and exceptions; provided, that no decision shall
be rendered or action taken after such designation with respect to any
question previously submitted to but not decided by the court except
after a full hearing in open court by the court as reconstituted of all the
evidence theretofore introduced before the court and a hearing of all
arguments theretofore made with reference to such question. In the
event that the judge of the circuit court of the county in which the
territory sought to be annexed lies ceases to be the judge of such circuit
court, while any such proceeding is pending, by reason of the rearrange-
ment of the territorial jurisdiction of the judicial circuit of which such
county 1s a part, such judge shall nevertheless continue to serve on such
annexation court until the completion of all of the duties of such court
in such proceeding and no vacancy shall be deemed to exist on such court
with respect to such proceeding.

2. An emergency exists and this act is in force from its passage.