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CHAP. 68.
In cases of
State being a
party, State's
attorney may
consent to ap-
pointment of
proper per-
son.
Oath.
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fied forthwith to appoint a proper person to try such
cause.
SEC. 4. And be it enacted, That in all cases in
which the State shall be a party to any cause, it shall
and may be lawful for the State's attorney for the coun-
ty or city, as the case may be, in which such case shall
be for trial, to consent for and on behalf of the State to
the appointment of a proper person to try such cause.
SEC. 5. And be it enacted, That every person who
shall by consent of parties or under the provisions
of this act, be appointed to try any cause (unless he
shall be one of the judges of (his State) shall, before
he proceeds to try said cause, take the following oath:
A. B. } In the Circuit Court for county,
vs. } (or Court of Common Pleas, &c)
C. D. } I, , do hereby swear
(or affirm,) that I will try the case between the above
parlies, without partiality or prejudice, to the best of my
ability.
Sworn to in open court.
Which oath shall be filed among the papers in the
cause.
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Person ap-
pointed to pos-
sess all the
powers apper-
taining to such
court.
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SEC. 6. And be it enacted, That the person ap-
pointed, as aforesaid, while hearing, trying and decid-
ing such cause, shall be considered to be holding the
Circuit Court for the county, Court of Common Pleas,
Criminal Court of Baltimore, or Superior Court of Balti-
more city, as the case may be, and shall possess all the
powers and discharge all the duties appertaining to such
court; and the parties to such cause shall have the
same rights and be subjected to the same consequences
and incidents as if the regular judge was sitting and was
not disqualified.
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Per diem al-
lowed.
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SEC. 7. And be it enacted, That any person ap-
pointed as aforesaid, and who shall consent to act in
pursuance thereof, unless he shall be one of the judges
of the State, shall be paid out of the treasury of the
State a per diem of ten dollars for every day he shall
be necessarily engaged therein.
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Expenses of
travelling.
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SEC. 8. And be it enacted, That any judge of
this State who shall be appointed to try any cause as
aforesaid, shall be paid out of the State treasury the ex-
penses incurred by him in travelling to or from the place
of trial, and while sojourning there.
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