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Supplement to the Maryland Code, Containing the Acts of the General Assembly, Passed at the Sessions of 1861, 1861-62, 1864, 1865, 1866, and 1867
Volume 384, Page 74   View pdf image (33K)
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74

COURTS. [ART. 29.

and authority pertaining to the judge of the said
court.

In equity
causes.

74. Whenever the judge of any circuit court shall
be disqualified 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 disquali-
fication, and in case any of the parties to any such
cause are infants, or otherwise incompetent to con-
sent to the appointment of a person to try the
same, then the notification and appointment of spe-
cial judge, as before directed shall be made imme-
diately, and in like manner the notification and
appointment of a special judge shall be made imme-
diately, whenever any such judge shall be disquali-
fied as aforesaid to sit or act in any case of an appli-
cation for an injunction or the appointment of a
receiver.

Appointment
when equity
judges of Balti-
more city dis-
qualified

75. If either of the judges of the courts of Balti-
more city, having equity jurisdiction, shall be dis-
qualified 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
injunction 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



 
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Supplement to the Maryland Code, Containing the Acts of the General Assembly, Passed at the Sessions of 1861, 1861-62, 1864, 1865, 1866, and 1867
Volume 384, Page 74   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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