204 COURTS. [ART. 29.
74. Whenever a judge, except a judge of the Court of Appeals,
shall be disqualified by any of the causes aforesaid from sitting
in any case civil or criminal pending in his court, the clerk
of the court, unless the parties to such cause shall by consent
appoint some person to try the same before the next term
after the announcement of the disqualification of the judge,
shall notify the judge of any other circuit or of the city of
Baltimore, who shall forthwith appoint a proper person to try
such cause.
75. Whenever a judge, except judges of the Court of Appeals,
shall be unable by reason of sickness or any other cause to sit in
any cause or causes civil or criminal pending in his court, it shall
be the duty of the clerk of such court to certify to some other
judge that the judge thereof is unable to sit, and he shall state in
his certificate the cause of the inability to sit, and any other circuit
judge or any judge of the city of Baltimore, on the receipt of
such certificate, shall appoint a judge to try all the cases in said
court which by the rules thereof are ready for trial, except the
cases in which the parties thereto by consent have appointed or
may appoint another judge; and any judge appointed as afore-
said, shall have full power to summon grand or petit jurors, and
to do all things necessary to the trial of such causes, whether
civil or criminal.
76. If a special judge shall die, resign, or refuse to act, another
may be appointed in his place, and appointments may be made
until a judge shall be procured who will act.
77. In all cases in which the State shall be a party to a cause,
it shall be lawful for the State's Attorney for the county, or city
as the case may be, in which such case shall be for trial, to con-
sent, for and on behalf of the State, to the appointment of a
proper person to try such cause.
78. If either of the judges of the courts in Baltimore city
having equity jurisdiction, shall be disqualified to sit in a case,
the clerk of the court where the case is pending, with the
consent of the parties, shall transmit all 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 instituted in his
court.
|
![clear space](../../../images/clear.gif) |