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Session Laws, 1856
Volume 623, Page 206   View pdf image
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206

LAWS OF MARYLAND.

ful for the Judge of any adjoining Judicial Circuit ;
or if the cause is pending in the Court of Common
Pleas for Baltimore city, or the Criminal Court of
Baltimore, it shall and may be lawful for the Judge
of the Superior Court of Baltimore city; or if the
cause is pending in the Superior Court of Baltimore
city, it shall and may be lawful for the Judge of the
Court of Common Pleas aforesaid; respectively to
appoint some other proper person to sit as especial
Judge in such cause, and to make a like appointment
as often as the vacancy may occur; and the person
so appointed shall before he proceeds to act, take the
oath prescribed in the original act. And that upon
the death, resignation or refusal to act of any person,
previously appointed to sit as special Judge, in any
cause after the Clerk of the Court in which such
cause is pending shall have received satisfactory in-
formation thereof, it shall be his duty unless the par-
ties to the cause have with their consent supplied the
vacancy by a new appointment, immediately to give
notice of the death, resignation or refusal to act, to
the proper Judge having authority to fill the vacancy,
as before indicated, whose duty it shall be to make a
new appointment, without any unnecessary delay, and
to advise said clerk thereof. And the person so ap-
pointed after qualifying by taking the oath as afore-
said, shall have the same power and authority to hear,
try and determine the cause committed to him as fully
as if he had been originally appointed to sit as special
judge therein.

Sufficient
proof of vacan-
cy.

SEC. 2. And be it enacted. That a note in wri-
ting showing his resignation signed by the special
Judge in the cause, and filed with said clerk; and a
note in writing admitting the death or refusal to act
of any special Judge signed by the parties to the
cause and filed with said clerk, shall be sufficient
proof of vacancy to warrant the appointment as
aforesaid of another person to sit as special Judge in
the cause.

Parties bound
by proceed-
ings of special
Judge.

SEC. 3. And be it enacted, That if to any of the
causes aforesaid, an infant, married woman, or per-
son non compos mentis be a party, the guardian ad
litem, shall have power to consent to the appointment
of some proper person to sit as special Judge there-
in; and the person so appointed shall have the same
authority to bind and conclude all parties by his pro-
ceedings as fully as though they had all been com-
petent to have assented directly for themselves to



 
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Session Laws, 1856
Volume 623, Page 206   View pdf image
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