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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 29   View pdf image (33K)
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ART. 29. ] COURTS. 29

pearance, 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 case be pending in any of the Circuit Courts,
who shall appoint a proper person as a special judge to 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
jurisdiction, 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 instituted in
his court.

6. Whenever a 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 court, or 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 said inability, and the cause thereof to any judge
of the Court of Appeals, who on the receipt of such certificate
shall appoint a proper person as a special judge to hold such
term and try all cases in said court, whether civil or criminal,
which by the 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 jurors, and to do all things necessary
to the holding of such term or the trial of such causes.

7. If any special judge shall die, resign, or refuse to act, an-
other may be appointed in his place, and appointments may be
made until a judge shall be procured who will act.

8. In all cases in which the State shall be a party to a cause,
the State's Attorney for the county or city in which the case
may be for trial, may consent for and on behalf of the State to
the appointment of a person to try the same.

9. Every person who shall be appointed a special 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
ho is appointed to try without partiality or prejudice, to the

 

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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 29   View pdf image (33K)
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  << PREVIOUS  NEXT >>


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