'^  Sec.  10.  K  during  the  pendency  of  any  such  suit  or
matter,  the  judge  of  Common  Pleas  shall  become  disquali-
fied to  hear  and  determine  the  same,  for  any  of  the  causes
specified  in  the  last  preceding  section,  such  suit  or  matter
shall  be  transferred  to  the  Circuit  Court  of  such  county."

Why,  in  the  cases  provided  for  in  both  these  sections,
the  cause  was  not  directed  to  be  certified  to  the  Circuit
Court;  and  why  relationship  was  not  mentioned  as  a  cause
of  such  transfer,  it  is,  perhaps,  not  very  easy  to  conceive.
But  such  does  not  seem  to  be  the  case.  The  objection  of
relationship  seems  to  be  provided  for  in  another  part  of  the
statute.  On  page  74, 2  R.  S.,  it  is  enacted  that  a  change
o^venug  l^ay  be  granted  where  ^'the  judge,  is  of  kin  to
eittibV^rty:^    ^

In  view  of,  ^is^  provision,  we  think  we  should  not,  as  we
should  othf^rwise  be  inclined  to  do,  extend,  by  construction,
sections  9  and  iO^  above  quoted,  ^o  as  to  make  them  in-
chide.r^lationship  by  kindred  or  marriage.
^he  defehdant,  in  this  case^  should  have  taken  his  ob-
jection Byway  of  application  to  change  the  venue.
It  is  suggested  that,  as  it  was  the  defendant,  himself,  the
party  objecting,  to  whom  the  judge  was  related,  the  objec-
tion was  not  valid.  We  think  this  fact  made  no  difference.
The  delicacy  of  the  position  would  lead  many  a  conscien-
tious judge  to  lean  against  his  relative,  for  fear  of  leaning
in  his  favor — in  striving  to  stand  perfectly  erect,  to  bend  a
little  backward    Besides,  the  statute  makes  no  distinction.
Per  Curiam. — The  judgment  is  affirmed,  with  1  per  cent,
damages  and  costs.
X  Brownleej  for  the  appellant.
