ART. 29.] COURTS.

judge, shall notify the judge of the other court, hav-
ing equity jurisdiction, who shall try the case and
act therein as if it had been instituted in bis court.

75

76. 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 appearance,
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.

When defend-
ants in equity
are non-resi-
dent

77. 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.

When a judge
unable to sit
from sickness,
etc.

78. If any special judge shall die, resign, or refuse
to act, another may be appointed in his place, and

When a special
Judge dies, etc.