E. LOUIS LOWE, ESQUIRE, GOVERNOR.

1852.

CHAPTER 68.

CHAP. 68.

AN ACT to provide for carrying into effect the twen-
ty-second section of the fourth Article of the Consti-
tution.

Passed April
1, 1852.

SECTION 1. Be it enacted by the General Assembly

of Maryland, That in order to carry into effect the
twenty-second section of the fourth article of the con-
stitution, it is hereby declared, that any of the judges
referred to in the said section who is connected with a
party in controversy by consanguinity within the fourth
degree, counting down from the common ancestor to
the more remote, or by affinity within the like degree,
shall be disqualified from sitting in such cause, nor
shall any judge of any Circuit Court, or of any of the
courts for Baltimore city, sit in any cause at the trial
whereof it may be, in his opinion, improper for him to
preside, by reason of his relation to, or connection with,
any of the parties to such cause.

Disqualifica-
tion of judges
declared.

SEC. 2. And be it enacted, That whenever the judge

of any Circuit Court shall not sit in any cause by

reason of the happening of any of the contingencies
mentioned either in the said section of the constitution
or in the first section of this act; then, unless the par-
ties to such cause shall by consent appoint some proper
person to try the same before the next term, after the
announcement of such contingency, the clerk of such
court shall notify the judge of any adjoining judicial,
circuit thereof, who shall forthwith appoint a, proper per-
son to try such cause.

Proper per-
son to be ap-
pointed, either
by parties or
judge of ad-
joining cir-
cuit.

SEC. 3. And be it enacted, That whenever the
judge of the Court of Common Pleas, or the judge of
the Criminal Court of Baltimore city, shall not sit in
any cause by reason of the happening of any said con-
tingencies referred to in the second section of this act

then, unless the parties to such cause shall, by consent,
appoint some proper person to try the same before the
next term, after the announcement of said contingency,
the clerk of such court shall notify the judge of the
Superior Court of Baltimore city thereof; and when-
ever the judge of said Superior Court shall not sit in
any cause by reason of the happening of any of said
contingencies, then, unless the parties to such cause
shall, by consent, appoint some proper person to try the
same before the next term, after the announcement of
such contingency, the clerk of said Superior Court
shall notify the judge of the Court of Common Pleas
thereof; and it shall be the duty of the judge so noti-

In any con-
tingency re-
ferred to, pro-
per person to
be appointed.