Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1865-06-01


try the and act therein, lift lad been inst-
tutcd in his court. ..
7G. If any 81 the defendants ii Any equity cause
wherein the judge shall be disqualified, aforesaid
are non-residcns, and shall not appear in comp- |
ance with an order of publication ~ithit ten days
after the time fixed by said order for their appear
ance, the clerk shall certify e fact Of their not APP
pearing, aud tie Disqualification of the judge, 10
any Judge of the Court of Appeals if the case be
pending in any of the Circuit Courts who shall APP
point proper person as special judge to Try the
same, directed in the preceding sections aud If
the case be pending i'll either of the courts o Bai-
more city having equity jurisdiction, the clerk |
therefore shall certify the fact Of such nonGppear-
ance and disqualification and transmit the papers
in the case, witha COZ Of the docket entries to the
other court the judge whereof shall try the case dis
if it had been institute" ii his court.
II. Whehc3ef judge of any CircIit rpur!, Of Of |
any of the Courts OF Baltimore city, shall be unable
by reason of sickness, or any other cause to hold
any regular law or equity tern Of his court or to
sit in cn'isc or causes civil or criminal, pend
ing in His c5Urt it shall be the duty of the clerk Of
such court - certify said ability, and the cause
thereof TO any Judge cftl't Court Of appeals, wh)
on the receipt of such certificate, shall appoints pro-
per person as special judge. 40 holi such terH aud
try all cases in said court, whether civil or cri,n-
nal, which, by the rules thereof, are or may be
ready fer trial at such term and any special judge
so appointed shall have full power to summon
grand and petit jurors and TO do all things neccs-
sary to the holding Of such term Of tie trial of such
causes. .
80, ~ any spcciul Judge suaIl ulei rcSiSl OF t.
fuse 10 act, another may be appointed III his place,
and appointments may be made until judge shall
be procured who will act.
, ~. In all cases in which the State shall b. n
party a cause, the States Attorney for the coun-
~ or city in which the case may he for trial. may
consent md behalf of the State to the appoint
, mept Of person TO Try the tthih 60.
50. Every person who shall be appointed Il
special Judge under any Of the aforesaid pro-
visions, before he acts as such shall take an
oath before the Clerk Of the court that he will
try the cases lie is appoi!ted to try without
partialty or prejudice, to the best Of Ills a5ll-
5 ity, which oath shall be entered by the Clerk
: on his test book, and signed by the Judge
:, taking the same; but if tie Judge appointed
i to Try any equity case dose not reside in the
Y county in which the Circuit Court is held,
{ where said caseis pending, he may take such
oath before the Clerk OF the county, in the
! county whore such special Judge resides,
i which oath shall be signed fy him, and filed
: in the cnrse before he proceeds to act III Or
q try the same.
/ 81. Every person appointed Il special judg
n under rny of tie aforegoing provisions, shall
II allowed tel, dollars per day for every day
he shall be necessarily engaged in hearing
trying, continuing or otherwise disposing of
! such causes as he may he tfpointed to try,
: and ten cents per mile for every mile lie shall
: travel by the usual route in going tc aiid re-
s turning from the place where siich cause or
y causes may be for trial; tic said per diem and
: milcagb 10 he paid out of treasury,
! Section =. and be it cnactfd, That this
act shall take effect from the date Of its pas
i sage.
&c CHAPTER OF.
/ AN ACT to tegtilatG and make unif6'm the
If fees of Coustables
II Section l. Be it tnac'stJyhe General As
}. sen,Jly of Muyiand That III Public Local
: Laws relating to the fees Cous,a-les be and
d the same are 'lrre.y rep1a!ed
r Section e. Ind 10 Il j'rtae o.t13cd, Tba!
: he 'a.th and tI,g''rntL sections CO. Article
e. tmr.,-glght ot 'b COD. 'cf Palte General
a. Laws It'a:irg me fees Of vons.0bles be
T. aueudc. and -5r :, so as to read as fol-
" !og=
4 - lie several ConstablSs in this State
nail be entitled to demand ard +ccciTe the
:, following fees, to wit: 49,.
!" For serving State warrant and return, ro7
ty-five cents for serving search wtrrai!t sew
enty-f9c cents 4; for serving sum.iions in civil
: suit and return forty five cents, for serving
= summons for witness and return, each wit
ness twenty-five cents for serving scicri "a
y ciss and ret urn, forty cents for levying fer
v facias and RETURN twenty cents for delivering
a a person committed over to the Jaior, seven
If ty-fve cents, and five cents per mile for ev.
ID cry mile he may have to travel, and the ac-
=, ttal necessary travelling expenses of each pris
IL oner for suuin!oning jury on inqdest; each
' juror, fifteen cents tor lev5ing attachment.
y for contempt, seventy-fvc cents; for serving
in writ of rcple7n and return, forty five cents fol
y serving warrant for distraint, 20 cents
:, summoning and swearing appraisers on dis
III tress for rent ard in replevin, each appraiser
Sc twenty five cents for serving ali attachIricn
y, in tie hands IF each garnistee; fifty cents
re for killing dog found killing sheep to be pait
II by the owner Of the dog, four dollars fol
in potndage fees on aus d'straint replevin, at
~ tacllment or feri facias eight per cent on TIL
il first twenty FIFE dollars, ard three rcr cent
in on the residue bat if the defendant shall SUI
o. persede the judgment on which the execution
" or attachment shall have issued, within foul
n. DAYS after the same shall have been levied OF
hs served, the Constable shall only he entitled
he to receive oie-half of said pouhdage fees
e for arrestng any person charged with mis-.
he Hemeanor for entering any enclosure and de
to stroying property theftin, in the limits of thu
id city of Baltimore or within four miles therco
-, ohh dollar.
y is. The C0auty Commissioners III tic sew
ch eral sounties, and the Mayor and City Coun
r. ell Of Baltimore shall levy on the asssssabl
= property of their respective codntes or tn
in said city, the amount of fees that the Cohsta
It, bles of the several counties or the said cit
u, are ertitlsd to receive for executing criTiina
IL IL business f,rorided that nothing contaicd il
~ this section shall exempt any criminal fron
til paying The cost of his arrest, if he shall be
u sufficient ability to do so. -
70 Section 3. And be ii further ei,actsd; Tia
We this act shall take effect from the date Of it
" passage; did shall continue in force until til
h. first day Of April, eighteen hundred and six
M ty-segen, from and after which last mentioe'
d, date this act shall be null and void; and Of n
he effect whatever.
N CHAPTER c.
he AN ACT to amend and re-enact hectiorl tw
of article thirty three of the Code of Publ
Il General Laws relating tc the education Of tn
| ~.