the attachment. Such attachment may be revoked at any time by the court on such terms as the court may prescribe. (4404 R. L. 1910)

103. Penalty-If the accused be found guilty, he shall be charged with the maintenance of the child in such sum or sums, and in such manner as the court shall direct, and with the costs of suit, and execution may issue immediately, and afterwards from time to time for the collection of any sum or sums ordered to be paid, and in addition thereto the court shall require the defendant to secure the performance of the order of the court, in such manner as the court shall direct. (4408, R. L. 1910)

104. Power of Judge-The court may at any time, enlarge, diminish or vacate any order or judgment in proceedings under this article on such notice to the defendant and county attorney as the court may prescribe. (4409, R. L. 1910)

105. Appeals Appeals may be taken in cases brought under the provisions of this article in the same manner and with like effect as in other actions in the county court. (4410, R. L. 1910)

106. Trial of Issue-Upon the defendant being brought before the court, if he deny the truth of the complaint, the issue to be tried shall be "guilty" or "not guilty", and shall be tried summarily before the court, unless the defendant demand a trial by jury. (4406, R. L. 1910)

107. Jury Trial-Conditions of Bond-If a jury is demanded the case shall be set for trial at the next term of court, and in the meantime the defendant may be admitted to bail for his appearance at that time, upon his executing a recognizance in a sum fixed by the court, conditioned that he will appear at the time to which such action may be continued. Upon the execution and approval of such recognizance the defendant shall be discharged. In any case where the said bond is forfeited and recovery is had thereon, the proceeds thereof shall be paid into the county court to be held by said court in trust for said child and to be paid out under order of said court. (S. L. 1915, 144) 108. Commissioners to Institute Proceedings-The board of county commissioners is hereby required to cause proceedings under this article to be brought in all cases where any bastard child or its mother is liable to become a charge upon the county. (4411, R. L. 1910)

109. County Attorney to Prosecute-It is hereby made the duty of the county attorney of the proper county to appear and prosecute all actions brought under this article. (4405, R. L.

110. Parties May Agree-In the event any judge shall be disqualified for any reason from trying any case in his district, the parties to such case may agree upon a judge pro tempore to try the same, and if such parties cannot agree, at the request of either party a judge pro tempore may be elected by the members of the bar of the district, present at such term. If no election for judge pro tempore shall be had, the Chief Justice of the State shall designate some other District Judge to try such case. (Sec. 9, Art. 7, Const.)

This section not self-executing. Cowart v. State, 4 Okla. Cr. 122. 111. Disqualification of Trial Judge-No judge of any court of record shall sit in any cause or proceeding in which he may be interested, or in the result of which he may be interested, or when he is related to any party to said cause within the fourth degree of consanguinity or affinity, or in which he has been of counsel for either side, or in which is called in question the validity of any judgment or proceeding in which he was of counsel or interested, or the validity of any instrument or paper prepared or signed by him as counsel or attorney, without the consent of the parties to said action entered of record: Provided, that the disqualifications herein imposed shall not exclude the disqualifications at common law. (5812, R. L. 1910)

Same law applies in case of County Judge. (Sec. 12, art. 7, Const.) The State has right to change of judge. State v. Brown, 8 Okla. Cr. 40, 126 Pac. 245.

Where judge expresses willingness to disqualify if another judge will try case, he may be mandamused. Long v. Allen, 10 Okla. Cr. 182, 135 Pac. 443.

Remarks made in political speech will disqualify, when. McCullough v. Davis, 11 Okla. Cr. 431, 147 Pac. 779.

Motion is in time if presented before trial commences.

3 Okla. Cr. 276, 105 Pac. 384; But see sec. 115.

Rea v. State,

Assignment of judge cannot be raised on appeal. Patterson v. U. S., 7 Okla. Cr. 272, 118 Pac. 150.

When a special judge agreed upon, presides at a subsequent time to conclude the business not disposed of, and parties do not object, the irregularity is waived. Ellington v. State, 7 Okla. Cr. 252, 123 Pac. 186; Ex parte Elgan, 8 Okla. Cr. 75, 126 Pac. 584.

See facts which did not disqualify judge. O'Brien v. Clark, 5 Okla. Cr. 112, 113 P. 543; State ex rel. v. Lockridge, 6 Okla. Cr. 216, 118 P. 152; State v. Brown, 8 Okla. Cr. 40, 126 P. 245.

An opinion as to the guilt or innocence of accused is no grounds for change of judge. Ingles v. McMillan, 5 Okla. Cr. 130, 113 P. 998; State ex rel. v. Lockridge, 6 Okla. Cr. 216, 118 P. 152.

Prejudice against a certain class of crimes does not disqualify, while prejudice against a defendant does. Crawford v. Ferguson, 5 Okla. Cr. 378, 115 P. 278.

All orders made by a special judge not lawfully selected are null and void. Dodd v. State, 5 Okla. Cr. 514, 115 P. 632.

To disqualify a judge on the grounds that he is a witness, the petition for mandamus must show clearly wherein such judge is a material witness. Johnson v. Wells, 5 Okla. Cr. 599, 115 P. 325.

Fact that a disqualification is not mentioned in the statute is immaterial. A disqualification rests upon constitutional grounds. State v. Brown, 8 Okla. Cr. 40, 126 P. 245.

112. Parties May Agree on Member of Bar-In any cause, civil or criminal, pending in any court of record in this State, if the presiding judge for any legal cause shall be incompetent or disqualified to try, hear, or render judgment in such cause, the parties or their attorneys of record, if it be a civil cause, or the prosecuting officer and the defendant or defendants or their attorneys of record, if it be a criminal cause, may agree upon some member of the bar of the district who is not disqualified if it be in the district court, or of the county, if it be in the county or superior court, and if in any other court of record, within its jurisdiction, to act as a special judge to hear and decide and render judgment in the same manner and to the same effect as such disqualified judge could have rendered, but for his disqualification. (5813 R. L. 1910.)

113. Election of Special Judge-If the cause be a civil one, and the parties or their attorneys of record do not agree, or if it be a criminal cause, and the prosecuting officer and the defendants or their attorneys of record do not agree upon a special judge or if either party in a civil cause is not represented in court, the clerk of the court in which the cause is pending shall hold an election for the selecting of a special judge or judge pro tempore to try such cause. At said election the disinterested members of the bar in good standing of such district or county or subdivision of the State covered by the jurisdiction of such court, who are not of counsel or interested in any way on either side of said cause or related within the fourth degree of consanguinity or affinity to any party to such action, may participate, notice thereof to be posted for fortyeight hours upon the court house door stating the place, with the time and the style and nature of the cause in which such

special judge or judge pro tempore is to be elected; the elec tion to be held by ballot, the same to be furnished to the mem bers of the bar by the clerk in blank, of uniform size and color; the clerk to appoint two disinterested tellers and to note and pass on any challenges to the right of any one to vote or par ticipate in such election, and enter a list of the names of those participating, on the records of said court, and the objections or challenges to any one voting thereat and his ruling thereon. The record of such election and the proceedings thereof, including challenges, objections and exceptions, shall become a part of the record or judgment roll of said cause; Provided, that if any attorney or any other person duly authorized by any party to such action, either directly or indirectly solicits the vote or attempts to control the vote of any one participating in such election, it will vitiate such election, and the clerk shall forthwith proceed in accordance with the provisions of this section to hold another election, as though no election had been held, and such misconduct shall be ground for a new trial at the instance of the opposite side, if discovered before the rendering of judgment, and a ground for new trial after judgment, if discovered after judgment, to be set up as provided in the general procedure for new trials after judgment. (5814 R. L. 1910.)

114. Disqualification of Appellate Judges No justice of the supreme court of this State or judge of the criminal court of appeals shall participate in the decision of any cause in such court appealed thereto from a lower court of said State, in which court such justice or judge was judge presiding at the trial of such cause; and the same qualifications shall apply to the members of the supreme court and the criminal court of appeals, as to other courts of record; and, whenever any member of either of said courts is disqualified, the same shall be entered of record in such court and such disqualifications of such member shall forthwith be certified by the clerk of such court to the governor of the State, who shall appoint some member of the bar of the State, possessing the same qualifications as the members of such court, to sit as special judge in said cause. (5815 R. L. 1910.)

115. Claim of Disqualification-Any party to any cause pending in a court of record may in term time or in vacation file a written application with the clerk of the court, setting forth the grounds or facts upon which the claim is made that the judge is disqualified, and request said judge so to certify, after reasonable notice to the other side, same to be presented

to such judge, and upon his failure so to do within three days before said cause is set for trial, application may be made to the proper tribunal for mandamus requiring him so to do. (5816 R. L. 1910.)

Legislature may prescribe the procedure for disqualifying a judge. State v. Brown, 8 Okla. Cr. 40, 126 P. 245.

Application for change of judge must set forth the facts upon which it is based, but the judge cannot hear testimony upon such grounds. The procedure prescribed must be strictly followed. Kelly v. Ferguson, 5 Okla. Cr. 316, 114 P. 631; Mayes v. Pitchford, 26 Okla. 129, 109 P. 821 Id. 133, 109 P. 820.

Upon hearing for disqualification, appellate court will proceed upon the petition, response and the original application, and will hear original testimony or receive affidavits in such hearing. Kelly v. Ferguson, 5 Okla. Cr. 316, 114 P. 631.