ART. 56. ] COURTS.

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 cer-
tificate 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.

525

15, If any special judge shall die, resign, or refuse to act,
another may be appointed in his place, and appointments may be
made until a judge shall be procured who will act.

1865, c 66
When a special
judge dies, etc

16. In all cases in which the State shall be a party to a cause,
the State's attorney for the county 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.

1865, p 66
When the State
a party.

17. Every person who shall be appointed a special 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 ap-
pointed to try without partiality or prejudice, to the best of his abil-
ity, 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 Cir-
cuit 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.

1865, c 66
Oath of special
judges.

18, Every person appointed a special judge under any of the
foregoing 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 be may be appointed
to try, and ten cents per mile for every mile he shall travel by the
usual route in going to or 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.

COURT OF APPEALS.

1865, c G6.
Compensation

10. Any judge of the Court of Appeals who shall be connected
with a party to a cause by consanguinity or by affinity within the
fourth degree, counting down from the common ancestor to the more
remote, shall be disqualified from sitting in such cause.

Art. 20, s 24.
1852, c 263
When judge
disqualified
39 Md 160

20. No judge of the Court of Appeals shall be deemed to have
abandoned his residence in the judicial circuit for which he shall
have been elected, by reason of his residence in Annapolis during
the term for which he may have been elected, unless he shall signify
his intention so to abandon his residence in his said circuit by voting
in the city of Annapolis.

Id s 25
1852, c 82
May reside at
Annapolis with-
out losing resi-
dence else-
where.

21. Any one of the judges of the Court of Appeals, in the ab-
sence of the others, may adjourn the court until the attendance of

Id a 26.
1780, c 11, s 4,
1795, c 55.