28 COURTS. [ART. 29.

3. Whenever the judge of any Circuit Court shall be dis-
qualified as aforesaid from sitting in any equity cause or causes
pending in his court, the clerk of the court, unless the parties
by consent shall appoint a person to try the same within one
month after the announcement of such disqualification, shall
certify such disqualification to any judge of the Court of
Appeals, who shall forthwith appoint a 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 dis-
qualification, and in case any of the parties to any such cause
are infants, or otherwise incompetent to consent to the appoint-
ment of a person to try the same, then the notification and
appointment of special judge, as before directed, shall be made
immediately, and in like manner the notification and appoint-
ment of a special judge shall be made immediately, whenever
any such judge shall be disqualified as aforesaid to sit or act in
any case of an application for an injunction or the appointment
of a receiver.

4. If either of the judges of the courts of Baltimore city,
having equity jurisdiction, shall be disqualified as aforesaid, to
sit in any cause in equity pending in his court, the clerk of the
court where the case is pending, unless the parties thereto, by
consent, shall appoint a person to try the same within one
month after the announcement of such disqualification, 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 same
as if it had been instituted in his court; but in cases for an in-
junction 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 jurisdiction, who shall try the
case and act therein as if it had been instituted in his court.

5. If any of the defendants in any equity cause wherein the
judge shall be disqualified as aforesaid, 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 ap-