524

COURTS. [ART. 56.

of his relation to, or connection with, any of the parties to such
cause; and, where any judge is so disqualified, a special judge shall
be appointed in his place, in the manner herein provided.

1865, c 66
Appointment of
special judges
in civil and
criminal causes

11. Whenever the judge of any Circuit Court for the counties
shall be disqualified by any of the causes aforesaid from sitting in
any cause, civil or criminal, or in any case or proceeding pending
in his court (cases in equity excepted), the clerk of the court, unless
the parties to such cause or proceeding, by consent, shall appoint a
person to try the same within two months after the announcement
of the disqualification of the judge, shall notify such disqualifica-
tion to any judge of the Court of Appeals, who shall forthwith ap-
point a proper person as a special judge to try the same, and the
person so appointed shall proceed to the trial thereof at the next
regular term of said court after his appointment, and at such time
dining the term of said court as the judge thereof may not be en-
gaged in the trial of any cause or proceeding in his said court, and,
for the purpose of such trial, he shall have all the power and au-
thority pertaining to the judge of the said court.

1865, c 66
In causes in
equity

12. Whenever the judge of an}' Circuit Court shall be disquali-
fied 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 disqualifi-
cation 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 disqualification; and in case any of the parties to any
such cause are infants, or otherwise incompetent to consent to the
appointment of a person to try the same, then the notification and
appointment of special judge, as before directed, shall be made im-
mediately, and in like manner the notification and appointment of a
special judge shall be made immediately, whenever any such judge
shall be disqualified as aforesaid to sit or act in any case of an appli-
cation for an injunction or the appointment of a receiver.

1865, c 66
When defend-
ants in equity
are non-resi-
dent.

!, '{. 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 per-
son as a special judge to try the same, as directed in the preceding
sections.

186?, c 66
When a judge
is unable to sit
from sickness,
etc

1 4. Whenever a judge of any Circuit Court for the counties, 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