6. Judge's duty in inspecting records; records to be transcribed, when, etc.

1715, c. 41, s. 2.

1. The judges of the several courts of law and of equity may Art. 29, s. 1. make such rules and orders from time to time, for the well-govern- Judges to make ing and regulating their respective courts, and the officers and and enforce suitors thereof, and under such fines and forfeitures as they shall

rules.

14 Md. 321; 15

think fit, not exceeding twenty dollars for any one offence—all of Md. 579; 26 Md. which fines shall go to the State.

534; 29 Md. 234, 361, 465; 31 Md. 1, 193, 214, 413;

2. The judges of the several courts of this State exercising civil 35 Md. 48, 532; jurisdiction, shall prescribe by rule of court the manner in which suits may be dismissed by the parties or their attorneys during the

39 Md. 511.

Id. s. 2.

1840, c. 96, s. 2.

To prescribe rules for dismissing suits in

recess.

Id. s. 4.

1853, c. 450, s. 1.

for contempt. 13 Md. 625; 30 Md. 29.

recess.

CONTEMPT OF COURT.

3. The power of the several courts of this State to issue attachPower to punish ments, and inflict summary punishments for contempts of court, shall not be construed to extend to any cases except the misbehavior of any person or persons in the presence of the said courts, or so near thereto as to obstruct the administration of justice; or the misbehavior of any of the officers of the said courts in their official transactions; or the disobedience or resistance by any officer of the said courts, party, juror, witness, or any other person or persons to any lawful writ, process, order, rule, decree, or command of the said courts.

Id. s. 5.

1852, c. 173, s. 5. When court

may be adjourned by clerk.

ADJOURNMENT.

4. In case of the absence of the judge of any court (except the Court of Appeals), the clerk may adjourn the court from day to day; or he may by written order from the judge adjourn the court to the next term thereof, or to such other day before the next term as by said order he may be directed.

Id. s. 6.

1796, c. 43, s. 20;

1858, c. 363.

Judge may

ENTRY OF JUDGMENTS BY CONFESSION IN RECESS.

5. Any judge in the recess of his court, may order his clerk to 1801, c. 74, s. 17; enter a judgment by confession with the assent of the parties or their attorneys, in writing, which shall be filed with the order of the to be entered in judge, and a judgment so entered shall, from the date of its entry by the clerk, have the same effect as if entered during the session of the court.

order judgments

recess.

33 Md. 229.

1866, c. 26.

Judges' duty in inspecting records.

Records to be transcribed, when, etc.

INSPECTION OF RECORDS.

6. It shall be the duty of the judges of the several courts of law and equity, at every term, to inspect the records and papers of the offices attached to their respective courts relating to lands, tenements, or other real estate, and examine the condition thereof, and see whether the clerk of such court has performed the duties required of him by law, relating to the recording of judgments, decrees, executions, and proceedings, and whether he has entered and transcribed the docket entries as required by law. And if it should appear, on such examination, that any of the records have become so dilapidated and worn as to require them to be transcribed, he shall order and direct the clerk to transcribe the same into new record books, which the clerk shall procure for that purpose; and such new records, when so transcribed, shall be carefully examined and certified by said clerk, and, when so examined and certified,

shall be substituted for and become the records of said court, in lieu of the worn-out records; and the mayor and city council of the city of Baltimore, and the county commissioners of the several counties respectively, shall levy such sum of money as they shall deem a fair compensation for the labor of the clerk in making such new records.

CIRCUIT COURTS FOR THE COUNTIES.

1773, c. 1; 1785,

Jurisdiction.

7. The Circuit Courts for the several counties are the highest Art. 29, s. 44. common-law courts of record and original jurisdiction within this c. 87; 1804, c. 55; State, and each has full common law powers and jurisdiction in all do civil and criminal cases within its county (except where by law the 26 d. 534; 29 jurisdiction has been taken away or conferred upon another tribu- 2; 37 Md. 125; nal), and all the additional powers and jurisdiction given by the Constitution and by law.

Md. 465; 31 Md.

39 Md. 160; 40

Md. 380.

Powers of

cases.

8. Each of the circuit judges of the counties, or judicial circuits, 1868, c. 52. as laid off, constituted and designated by the Constitution, may circuit judges. make orders at common law at any place in their circuit to take effect May require in any part of their circuit, and may require in writing the original production of original papers. papers in any case, or abstracts and transcripts to be produced before them, or either of them, wherever they or either of them may be in their circuits; and in all criminal cases tried in the term Bail in criminal time of said courts, in which the accused has been allowed to give bail by the court, but the session whereof adjourned or concluded before the accused procured bail, it shall be the duty of the aforesaid court or courts to pass an order prior to adjournment, directing the clerk of the said Circuit Court, in the absence of all of the judges from the court, in which the case may have arisen, to take the bail previously fixed by the said court, upon condition that the party offering to become security shall swear or aflirm, as the case may Oath of security. be, that he is worth the amount of the bail in real or personal estate, and further, the clerk must be satisfied of the verity of said affidavit or affirmation.

CONCURRENT JURISDICTION WITH JUSTICES.

Concurrent

9. In all cases where the amount claimed, or the thing in action, Art. 51, s. 16. exceeds the sum or value of fifty dollars, and justices of the peace 1852, c. 29, s. 4. have jurisdiction, the several Circuit Courts for the counties shall jurisdiction, have concurrent jurisdiction with justices of the peace.

41 Md. 196, 200; 43 Md. 64.

SPECIAL JUDGES.

1865, c. 66. judges disquali

In what causes

fied from

10. If the judge of any Circuit Court, or any court in Baltimore city, is connected with a party in controversy by consanguinity or affinity within the fourth degree, counting down from the common sitting. ancestor to the more remote, he shall be disqualified from sitting in 3 Md. 324; 22 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 any case where, in his opinion, it would be improper for him to sit, by reason

Md. 447; 25 Md.

173.

1865, c. 66.

Appointment of
special judges
in civil and

of his relation to, or connection 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 manner herein provided.

11. Whenever the judge of any Circuit Court for the counties shall be disqualified by any of the causes aforesaid from sitting in criminal causes. any causé, 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 disqualification of the judge, shall notify such disqualification to any judge of the Court of Appeals, who shall forthwith appoint a proper person as a special judge to try the same, and the person so appointed 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 the said court.

12. 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 consent shall appoint a person to try the same within one month after the announcement of such disqualification, 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, then the notification and appointment of special judge, as before directed, shall be made immediately, and in like manner the notification and appointment of a special judge shall be made immediately, whenever any such judge shall be disqualified as aforesaid to sit or act in any case of an application for an injunction or the appointment of a receiver.

13. If any of the defendants in any equity cause wherein the judge shall be disqualified, as aforesaid, are non-residents, and shall not appear in compliance with an order of publication, within ten days. after the time fixed by said order for their appearance, the clerk shall certify the fact of their not appearing, and the disqualification of the judge, to any judge of the Court of Appeals, if the case be pending in any of the Circuit Courts, who shall appoint a proper person as a special judge to try the same, as directed in the preceding sections.

14. Whenever a judge of any Circuit Court for the counties, shall be unable, 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 receipt 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.

15. If any special judge shall die, resign, or refuse to act, 1865, c. 66. When a special another may be appointed in his place, and appointments may be judge dies, etc. made until a judge shall be procured who will act.

When the State

16. In all cases in which the State shall be a party to a cause, 1865, c. 66. the State's attorney for the county in which the case may be for trial, a party. may consent, for and on behalf of the State, to the appointment of a person to try the same.

Oath of special

17. Every person who shall be appointed a special judge under 1865, c. 66. any of the aforesaid provisions, before he acts as such, shall take an judges. oath before the clerk of the court that he will try the cases he is appointed to try without partiality or prejudice, 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.

18. Every person appointed a special judge under any of the 1865, c. 66. foregoing provisions shall be allowed ten dollars per day, for every day he shall be necessarily engaged in hearing, trying, continuing, 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 usual route in going to or returning from the place where such cause or causes may be for trial, the said per diem and mileage to be paid out of the treasury.

COURT OF APPEALS.

1852, c. 263. disqualified.

19. Any judge of the Court of Appeals who shall be connected Art. 29, s. 24. with a party to a cause by consanguinity or by affinity within the When judge fourth degree, counting down from the common ancestor to the more 39. 160. remote, shall be disqualified from sitting in such cause.

1852, c. 82.

Annapolis without losing residence else

20. No judge of the Court of Appeals shall be deemed to have Id. s. 25. abandoned his residence in the judicial circuit for which he shall May reside at have been elected, by reason of his residence in Annapolis during the term for which he may have been elected, unless he shall signify where. his intention so to abandon his residence in his said circuit by voting in the city of Annapolis.

21. Any one of the judges of the Court of Appeals, in the ab- Id. s. 26. sence of the others, may adjourn the court until the attendance of 1795, c. 55.

1780, c. 11, s. 4;