80 COURTS. [ART. 29.

best of his ability, which oath shall be entered by the clerk on
his test book, and signed by the judge taking the same; but if
the judge appointed to try any equity case does not reside in the
county in which the Circuit Court is held where said case is
pending, he may take such oath before the clerk of the county •
in the county where such special judge resides, which oath shall
be signed by him and filed in the cause before he proceeds to act
in or try the same.

10. Every person appointed a special judge under any of the
aforegoing provisions, shall be allowed ten dollars per day, for
every day he shall be necessarily engaged in hearing, trying,
continuing, or otherwise disposing of such cause or causes as
he may be appointed to try, and ten cents per mile for every
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.

In force from March 20, 1865.

SPECIAL TERM OF THE COURT OP APPEALS.

Chapter 24 enacts the following:

11. A special term of the Court of Appeals shall be held on
the fourth Tuesday of January, in the year eighteen hundred
and sixty-five; all writs and other process from the said court,
tested as of the June term eighteen hundred and sixty-four, and
made returnable to the December term, under the late Constitu-
tion, shall be returned to the special term herein provided for;
and all writs and other process tested as of the June term eigh-
teen hundred and sixty-four, and made returnable to the next
April term of said court, shall be returned to the said April
term.

12. Until the commencement of the special term authorized
by this act, all writs and other process issuing from the court
shall be tested as of the June term eighteen hundred and sixty-
four, and shall be made returnable to the said special term, but
all writs and other process which may issue from said court after