Year: 1865

| 81 boil fG ,to W. hs GO1Es a9eid 9seof


Chief Clerk House of Delegates. 81 ( y /,
aai ~ -,n"o5 CHAPTER 66.i7H3 9idenieE
AN ACT repeating certain sections of the twen-
ty-ninth Article Of the Code Of Public General
Laws relating to Special Judges. and enaGtihg
other sectionsi in lieu thereof u ohlisSD H1sf
= Section L. BE 1t enacted By tile Central assembly
Of lidrylana, That sections seyenty-two seventy
three, seventy-four, seventy 6ve seventysix, sew
enty-seven, seventy-eigllt,d seventy-nine, eighty
and, eighty-one, Of Article twenty-nihe l6f the
Code of Public General Laws entitled "Courts,D','
be and the same are hereby repealed and that the
following sections relating to the appointment of
Special Judges be Inserted in the place of the
sections so repealed. "a gHf " Aa'.a't@


.n.72. If the Judge of any Circuit Court or any
Court in Baltimore city, is connected with par
ty in controversy by consangninity or affinity
within the fourth degree, counting down from the
common ancestor to the more remote, he shall be
disqualified from sitting in such cause, nor shall
he sit in any cause wherein he may be interested,
or in which he shall have been counsel nor in
any case where in his opinion it.would be improp-
er for him to sit, By reason of his relation to- OF
connection with any of the parties to such cause
and where any Judge is So Disqualified a Special
Judge shall be appointed in his place, in the man


ner herein provided iiH ~ 2"o', t7l ''onP
o 73. Whenever the Judge of any Circuit court,
or of any court in the city of Baltimore, shall be
disqualified by any Of the causes aforesaid, from
Sitting in any cause, civil or criminal or in any
case or proceeding pending in his court, leases in
equity excepted, J the clerk of the court, unless
the parties to such cause or proceeding by con-
sent, shall appoint person to try the same with
in two months after the announcement of the dis
qualification Of the Judge shall notify such dis
qualification to any Judge of the Court of ,Ap-
peals who shall forthwith appoint a proper per-
son as a Special Judge to try the same, and the
person so appointed shall proceed to the trial there
of at the next regular term of said court, after
his appointment, and at such time during the
term Of said court as 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
pertaining to the Judge Of said court ~ la''i


IA. Whenever the Judge of any Circuit court
shall be disqualified as 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 of such dis
qualification, shall certify such Disqualification TO
any Judge of the court of Appeals, who shall
forthwith appoint person as Special Judge to
try such causes and the person so appointed shall
proceed to act therein until their final settlement
in the same manner as the Judge Of the said court
could have acted but for such disqualification,
and in case any Of the parties to any such cause
are infants, or otherwise incompetent TO consent
to the appointment of a person to try the same,
then the notification and appointment of Special
Judge, rs before directed, shall be made immedi-
ately and in like manner the notification and APP
pointment of Special Judge, shall be adeimrne-
diately, whenever any such Judge shall be dis
Qualified as aforesaid to sit or act in any case Of
an application for an injunction or the appoint
ment of a receiver. d ~ @'',.S


Is. Ifeither of the Judges of the courts of Ball
timore city, having equity jurisdiction, shall be
disqualified, as aforesaid, to sit in any canse in
equity pending in his court, the clerk of the court
where the case is pending unless the parties there
to, by consent, shall appointa person to try the
same within one month after the announcement
of such disqualification, shall transmit all the pa
pers in the case with copy Of the docket entries
to the other court the judge whereof shall try the
same as if it had been instituted in his.court but
in cases for an injunction, Or the appointment of
a receiver, the clerk Of the court where the same
is pending, Immediately upon the announcement
of the disqualification of the judge shall notify
the Judge of the other court, having equity jurS-
dicton who shall try the case and act therein, as
if it had been instituted in his coprt.. "ioll


76. If any of the defendants in any equity cause
wherein the judge shall be disqualified, as afore,
said, are non-residents, and shall not appear in
compliance with an order Of publication within
ten DAYS after the time fixed by said order for
their appearance the clerk shall certify the fact
Of their not appearing, and the disqualification
of the Judge to any Judge of the court Of Appeals
If the pending in any Of the circuit courts,
who shall appoint d proper person as especial
Judge 10 try the same as directed in the preceding
sections; and if the case be pending in either Of
the courts Of Baltimore city having equity jutis-
diction the clerk thereof Shall certify the fact of
such non-appearance and disqualification, and
transmit the papers in the case, with a copy of
the docket entries, to the other court, the Judge
whereof shall try the case as if it had been insi-
tuted in his court. ~ t.,' "
n. Whenever judge of any circuit court, or
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 term of his
criminal, pending in his court 1T shall be the du-
ty Of the clerk Of such court to certify said ina
blity, and the cause thereof, to any Judge of the
court Of Appeals, who, on the receipt Of such Ger
tifcate, shall appoint proper person as special
Judge, to hold such term and try all cases in said
court, whether civil or criminal, which, blythe
rules thereof are or may be ready for trial at such
term, and any special judge SO appointed shall
have full power to summon grand and petit ju-
rors, and to do all things necessary to the hold
ing of such term or the trial Of such causes.


i78 If any special Judge shall die, resign or re-
fuse to act, another may be appointed in his place
and appointments may be made until a judge
shall be procured who will act. ~,


70. In all cases in which the State shall bea
party to cause, the States Attorney for the
county or city, in whchthe case may be for trial,
may consent for and ON behalf OF the State to the
appointment of person to try the same.
so. Every person who shall be appointed a spe-
cial Judge under any of the aforesaid provisions,
before he acts as such shall take an oath before
the clerk Of the court that he will try the cases he
is appointed to try without partality or prejudice
to the best of his ability, which oath shall been
tered by the clerk on his test book, and signed by
the Judge taking the same; but if the judge ap-'
pointed to try any equity case does not reside in
the county in which the circuit court is held,
where said case is pending, he may take such oath
before the clerk of the county, in the county
where such special judge resides, which oath shall
be signed by him, and filed in the cause, before he
proceeds to act in or try the-same.


81. Every person appointed special judge,
under any of'the aforegoing provisions, shall be
allowed ten dollars per day for every day he shall
be necessarily engaged in hearing, trying, con-
tinGing or otherwise disposing of such cause or
causes as be may be appointed to try, and ten
cents per mile forievery mile he shall travel BY
the usual route itfg0ihg TO and returning from
the place where such cause or causes may be for
trial. the said per diem and mileage to be paid
out of the !treasury!9ih' a."oii91 hho PIG 70
Sec. o. And be itfuraser enacted That this act
shall take effect from the date of its passage"


II liW VinHo9 9df iGcl--4-li 9gv9Q 9dj gqOd b
am hna ,bne CHAPTER 7S.2zo 9lt eisla o
AN ACT to amend and re-enact the sixteenth


section Of the fiftieth Article of the Code Of


Public General Laws relating to the pay of Ju-
Qurors, and torepeal alllocal laws on the subject
iaof pay to- JurorsaG II 9Hiy.9 gHulls ,ieHi


3 Section la Belt enacted by The General assembly
Of Maryland, That the sixteenth section of the
fiftieth article ofthe Codeef Public General Laws
relatingto the pay Jurors, be and the same is
hereby amended and reenacted, SO as to'read as
follows:l VI h9ie91tn sRW 9H nam 9ai .D%


IL IL .oon;, NJ, NO oil aro nd a half