St. Mary's gazette., 1865-06-08
CHAPTER IS.

AN ACT repeating certain sections Of the
twenty ninth Article Of the Code Of Pu-
lie General Laws relating 70 Special
judges, and eaaotiug other sections iu
lieu thereof.
Section I. Re It enacted BY the Gesera'
Assemlay of Maryland. Tha: sections sew
enty-two. seventy -thres. scventy -four. sew
enty-fve. seven-six. sevensy-seven. seven
ty.eight. seventy y-niue, eighty and eighty
one, Of Article twenty-nine of the Code of
Public General Laws. entitled. Courts"
be and tho same are hereby repealed, aud
that the following sections relating to the
appointment of Especial Judges" in the
place Of the sections 50 repealed.
-. If the Judge Of any Circuit Court
or any court in Baltimore city, is sonnec-
ted with party iu controversy by consan-
guinity or affinity Within the fourth degree,
counting down from the common anccs.
tor to the mare rem ,te. he shall be dis
qualified from sitting in such cause. nor
shall he sit in any cause wherein hs may
be interested, or 10 which he shall have
been Of counsel. nor iu any case where in
his op,nioa it would be improper for him
to sit. by reason Of bis relssioo to. or con.
uecsion With any OF the parties to such
cause, aud where any Judge is SO disqual-
i6-d. . Special Judge shall be appointed
in his place. in the manner herein previ-
Jed.
73 Whenever the Judge Of any Cir
cult Court, or any court 10 tho city of
Baltimore. shall be disqualified by any
Of the Causes Aforesaid, from sitting 10
suy cause. civil or eriminsl. or in case
or proceeding pending il hi, court. (cs-
ses in equity excepted } tho Clerk Of the
court. unless the parties to such cause
Or preceding BY consent. shall app,int
10 person to try the same within tao
months after the announcement Of the
disquali6" s,ion Of the Judge. shall mott
fy such disqualification to any Judge Of
the Cour. OF Appeals, who shall forth.
with sppoint . proper person as Sre-
ci,l Judge to try the same. aad the
person so appointed shall proceed to the
trial thereof at the next regular term OF
said c"urt. after his appointment. and q,
such time during the term Of said court,
.. the Judge thereof may not be engsg-
ed in the trial OF any csuse or proceed
ing 10 his said court. and for the pur.
pose of such trial he shall have sll the
power sOd authority persainiLg to the
Judge Of said court.
"a. Whenever the Judge Of any Cir
cult Court shall be disqualified as sfore-
said. from sitting 10 any equity cause or
Causes pending 10 bis court. the Clerk
Of the court, unless the parties by Con-
sent shall appoint . person to try the
same within one month after the announce.
ment of such disqualification, shall eer-
,ify such disqualification to any Judge
Of the Court Of Appeals. who shall forth
with appoint a person as Special JUICE
to sry such causes. aud the person 90
appoiuted, shall proceed to act therein
until their fiual settlement in the same
m.uuer as the Judge of the said court
could have acted but for sush disquali.
ficatiou, aud in case any Of the parties
to any such cause are infants. or other
wise incompetent to consent to the sp-
poiu,mens Of = person to try the same
then the notification snd sppoinsment oi
Special Judge. - before directed. shall
be made Immediately. and in like mat
nsr tho notification and appointment Of
Specisl Judge. shall be made ilnmedi.
.sely. Whenever any suct Judge shall
be disqualified ss aforesaid. to cit or act
in ssy csss Of su application for an in.
Junction or tho appointment Of rsceiv'
er.
IS. II either Of the Judges Of The
Courts of Baltimore city. having equity
Jurisdiction. shall be disqualified ss siore.
ssid. to sit 10 sns GAUGE in equity pend.
ing 10 bis court. the clerk Of the cour
where the case Is pending. aDless th.
parties thereto. BY consent. shall appoin.
person to Try the ssDs within one
month aftf tho announcement Of such
disqualification. shall transmit oil The ps.
pers In the case. with . copy Of the
docket entries 10 the sther court th<
Judge whereof .hsll try the same. - u
il hsa been Instituted IN his court; bu'
| lu eases for sn injunction, or the ap