98

LAWS OF MARYLAND.

mon ancestor to the more remote, he shall be dis-
qualified from sitting in such cause, nor shall he
sit in any cause wherein he may be interested, or
in which he shall have been of counsel, nor in and
case wherein his opinion it would be improper for
him to sit, by reason of his relation to, or connec-
tion 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 man-
ner herein provided.

Special Judge
to be appoint-
ed.

73. Whenever the Judge of any Circuit Court,
or of any court in the city of Baltimore, 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 disqualifi-
cation of the Judge, shall notify such disqualifica-
tion to any Judge of the Court of Appeals, who
shall forthwith appoint a proper person as a Spe-
cial Judge to try the same, and the person so ap-
pointed shall proceed to the trial thereof at the next
regular term of said court, after his appointment,
and at such time during the term of said court, as
the Judge thereof may not be engaged 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 authority pertaining to the Judge of
said court.

Special Judge
to be appointed
immediately in
certain cases.

74. Whenever the Judge of any Circuit Court
shall be disqualified as aforesaid, from sitting in
any equity cause or causes pending in his court
the Clerk of the court, unless the parties by con-
sent shall appoint a person to try the same within
one month after the announcement of such dis-
qualification, shall certify such disqualification 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,