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

court where the same Is peading. i'm
medissely upon the announcement Of TIT
disqu.li6cafoa Of the judge. shall motif,
the judge of the other court. having
equ ity Jurisdiction. who shall try ia
case and oct therein. Is If it had beer
instituted in his court.
76. If s-.S .fthe defendants in any equi
y cause wherein the Judge shall be di.
qualified. ss aforesaid. are uon-residents
aud shall not appear in compliance With
an order Of publication within ten days af
ter the time fixed oy said order for thei'
appearance. the clerk shall certify the fac
Of their not appearing. and the li-qu,li6'
cation of the judge. to any Judge 81
the Court Of Appeals. it the cas-
be pending in any Of the Circuit Courts
who shall appoint proper person as a sp'
cial judge to try the same. a. directed ia
the preceding sections; and If the case be
pending iu either of the courts Of B,lti
more city having equity jurisdiction. tn.
clerk thereof shall certify the fact Of such
non appearance and disqualification. and
transmit the papers in the case. with copy
Of the docket entries, to the other court
the judge whereof shall try the case al ii
it had been instituted in his court.
II. Whenever a Jnigc Of ary Grcui,
Court. or any Of the Courts Of B,ltimore
city. shall be unable, by reason Of sick
ness, or any othor cause. to hold any reg
ular law or equity term Of his court, or tc
sit in any Cause or causes. civil or crimi.
nal. P 'nding in his court. it shall be the
duty of the clerk of such court to certify
.aid Inability. and the cause thereof. to
any Judge Of the Court of Appeals. who,
on the receipt. Of such certificate shall ap.
point proper person ~ a special julS..
to hold such term and try all cases in said
court. whether civil or criminal. which. BY
tho rules thereof. are or may be ready fos
trial at such term. and any special judg.
80 appointed shall have full power to sum
mou grand aud petit Jurors. aud to d" al
things necessary to the holding Of suct
term or the trial Of sush Causes
7s. Ksuy special judge shall die, re-
sign Or refuse u act. another my be ap
pointed in his place. and appointments
may be made until judge shall be pro-
cured who will set.
79. In al cases in which the State shsl
be a party to . cause. the States Attorney
for the county or city. in which the cas'
may b for trial, may consent for snd on be-
half Of the State to the sppointrn .at Of .
person to try the same.
80. Every person who shall be appoint
cd . sp'eial judge under any Of the afore
!sid provisions, before he acts ~ such shall
take au oath before the clerk Of the caur
that he will try the eases be Is appointed
to try without psrsiality Or prejudice. I,
the best Of bis ability. which oath shal
be entered BY the clerk on his test book
and signed by the judge taking the same
but il the judge appointed 70 try any cqui
ty case does not reside in the county i,
which the Circuit Court il held. where
said case is pending. he may take susl
oath before the clerk of the county. 10 th'
county where such sp ,cisl judge resides
which oath shall be signed by him. and 81
ed in. the cause. before he procecds to &c
10 or try the same.
81. Every person sppoiutsd . sp'cia
judge. under any Of the sforegoing provis
ions. shall be allowed ten dollars per day
for every day he shall be necessarily en-
gagged in hearing, trying. continuing O
otherwise disposiug Of such cause or eau
ses as ac may be appointed to try. and Tel
cents per mile for every mile he shs!l sra
vel BY the usual route iu gaiug to and re-
turning from the place where suck caus'
or causes may be for trial. the said POI
diem and mileage to bs paid out Of sh'
treasury.
Sec Z. And be II enacted. That this &C
shall take effect from the date Of its pas
sage.