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Session Laws, 1865
Volume 530, Page 100   View pdf image
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100

LAWS OF MARYLAND.

able 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 receipts 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.

In case of va-
cancy.

78. 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.

State's At-
torney may
consent to an
appointment.

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.

Special Judge
to take oath.

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 preju-
dice, 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 necessarily engaged in hearing, trying, contin-
uing, or otherwise disposing of such cause or
causes as he may be appointed to try, and ten cents
per mile for every mile he shall travel by the



 
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Session Laws, 1865
Volume 530, Page 100   View pdf image
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