ART. 30.] CRIMES AND PUNISHMENTS. 205

79. If the judge in an equity case shall be disqualified to sit,
and any of the defendants are non-residents, and such defend-
ants shall not appear in compliance with an order of publication
within ten days after the time fixed by said order for their appear-
ance, the clerk shall certify the fact of their not appearing and the
inability of the judge to sit to some other judge, who shall
appoint a judge to try said case.

80. Every person who shall be appointed a special judge to
try cases in which the judge of the court is unable to sit, before
he acts as such shall take an oath before the clerk of such court,
that he will try the cases he is appointed to try without par-
tiality or prejudice, to the best of his ability; which oath shall
be entered by the clerk on his test book and signed by the judge
taking the same.

81. Every person appointed a special judge under the afore-
going provisions, shall be allowed ten dollars per day for every
day he shall be necessarily engaged in hearing, trying, continu-
ing or otherwise disposing of such cause or causes as he may be
appointed to try, and ten cents per mile for each mile he shall
travel by the usual route in going 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.

ARTICLE XXX.
Crimes and Punishments.

ADULTERY.

SEC. 1. Any person who shall commit adultery shall, upon
conviction thereof in any of the Circuit Courts for the counties
in this State or the Criminal Court of Baltimore, be fined ten
dollars.

ARSON AND BURNING.

2. Every person convicted of the crime of arson, or as being
accessory thereto, shall, at the discretion of the court, suffer
death, or be sentenced to the penitentiary for not less than five
nor more than twenty years.