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Supplement to the Maryland Code, Containing the Acts of the General Assembly Passed at the Session of 1865
Volume 383, Page 27   View pdf image (33K)
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ART. 29. ] COURTS. 27

ARTICLE XXIX.
Courts.

SPECIAL JUDGES.

Chapter 66 repeals sections 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, and enacts the follow-

ing in lieu thereof:

SEC. 1. If the judge of any Circuit Court or any court in Bal-
timore city, is connected with a party in controversy by con-
sanguinity or affinity within the fourth degree, counting down
from the common ancestor to the more remote, he shall be dis-
qualified from sitting in such cause, nor shall he sit in any cause
wherein he may be interested, or in which he shall have been of
counsel, nor in any case where in his opinion it would be im-
proper for him to sit, by reason of his relation to, or 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 manner herein provided.

2. 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, (cases in equity
excepted, ) the clerk of the court, unless the parties to such cause
or proceeding, by consent, shall appoint a person to try the same
within two months after the announcement of the disqualifica-
tion of the judge, shall notify such disqualification to any judge
of the Court of Appeals, who shall forthwith appoint a proper
person as a special judge to try the same, and the person so ap-
pointed shall proceed to the trial thereof 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 proceeding in his said court, and for
the purpose of such trial, he shall have all the power and
authority pertaining to the judge of the said court.

 

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Supplement to the Maryland Code, Containing the Acts of the General Assembly Passed at the Session of 1865
Volume 383, Page 27   View pdf image (33K)
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  << PREVIOUS  NEXT >>


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