Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1865-06-01
IIAPTER C5.

CHAPTER G5.
~ AN l,cGlihg certain sccsiohs Of the twenty
n'aih Article of the Code of Public General Laws
relating to Special Judges, and cnarting other
sections in lieu thereof
Section /. BE Il anacfHiby Tie General assembly
nj MrryI4nG That sections scvcnty-two, seventy
three >cYcnty-four seventy five Scventy-SIX, sew
caty-scvcn, seventy eight sevcnty-nnc, eighty and
cieLty-onc of Article twenty-nine of the Cod OF
Publ" General Laws entitled - Courts, be and
the same nrc hereby repealed, and that the follow
ing sections relating 10 the appointment OF Special
Judges - in the place Of the sections so repeated
r. i the Judge of arv Circuit Court or any
Courts IL baltimore city, il connected with party
in controversy by consanEuinity or affinity within
the fourth degree counting down from the common
atrrstor to the remote, he shall be dlsquaU
fled from sitting in such cause, nor shall he 81. "a
any cause wherein he may lie interested, or in which
he shnl have been of counsel nor in any case
wherein his oniniun il would be improper for Tin
n sit by reason of his relation to, or connection
with any OF the parties TO such cause, and where
any Judge is disqualified, Special Judge shall
he appointed in his plat in the manner here III
provided.
~ Whenever the Judge IF any Circuit Court or
Of any court in the city Baltimore, shall be disquali-
fed by any Of the calses, aforesaid, from sitting in
an, clisc; civil criminal, in any case or pro-
proceeding pending in his court leases in equity
cyccpted. J the Clerk Of the court unless the parties
10 such calse proceeding by consent, Shall ap-
point rersoi 10 try the SUITE within two months
atci the announcement of the disqualification Of the
Judge shall notify such disqualification to any judge
of TIE Court Of Appeals, who shall forthwith ap-
ponta proper person n. = Src-idl Judge to try TIT
game and the rersoh so appointed shatl proceed 10
tie trial thereof st the next regular term OF said
co1.t after his appointment, and at such time dur
ing the term Of said court the judge thereof may
not be engaged in the trial Of any cause or proceed
ing in his said court and for the purpose Of such
trial he shall have all the power and authority per-
tanning 10 the Judge of said court. .r.
IA. Whenever the Judge Of an. Circuit CouI'
shall be disqualified rs aforesaid, from sitting IN
any equity cause or causes pending IN his court,
the Clerk Of the court unless the parties by con
sent shall appoint person to try the same within
one month after the announcement e such disquaii-
ficaton shall certify such disqualification to any
Judge of the Court Of Appeals, who shall Forthwith
! appoint a person special Judge 10 try snch eau
scs and the person so appointed, shall proceed to
ret therein Until their final settlement in Ee same
manner rs the Judge of the said court cculo nave
acted but for such disqualification, ana IN case an y
Of tie parties to any such cause are infants, or 9th
erwise incompetent to consent 70 the appointment,
of person TO try the same then the nctihcatlon and
appontire.it Of Special Judge, as before directed
shall be made Immediately, and IN IKE manner the
| notification and appointment cf Special Judge,
Judge shall be disqualified aforesaid, to sit or act
in any case IF application for an injunction or the
| appointment of a receiver ... H..
Is. If either of the Judges Of the Courts of Balti'
more city, having equity Jurisdiction shall De ais
qualified as aforesaid, to sit in any cause in equity
pending in his court, the Clerk of the court where
the case is pending, unless the parties thereto bs
consent, shall appoint person to try the SAINT
within one month after the announcement Of suct
disqualification, shall trsntnit all the papers IN the
case with copy of the docket entries to the Other
court the Judge whereof shall try the same, as if
had been instituted in bis court but in cases iol
an Injunction, OF disappointment of receiver, I'M
Clark Of The court where the same is pending, IN
rc.ia;clS rlon tie announcement f'hc dsya: lin