76

COURTS. [ART. 29.

appointments may be made until a judge shall be
procured who will act.

When state a
party.

79. 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.

Oath of special
judges.

80. Every person who shall be appointed a spe-
cial 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 he is
appointed to try without partiality or prejudice, to
the 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.

Compensation.

81. 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 necessa-
rily engaged in hearing, trying, continuing or other-
wise disposing of such cause or causes as be may be
appointed to try, and tea 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 mile-
age to be paid out of the treasury.

In force from March 20, 1805.