Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1865-06-01
CHAPTER 1877.

An ACT to repeal sections sevcnty-one 5oy-
cnty ore, scventy-two, seventy-threc, sew
etity- -four, seventy-tive, sevonty-six, seven
ty-scven and seventy-eight of Article sew
ETY. five, of the Code of Public Genetal LARS
and to enact substitutes therefor, SO as to
carry out the provisions of the ninth Sec
ton of Article four of the Constitution, re-
lating to the remd9ti of caiiscs.
Section / BE it enacted by the General As.
scmh'y OF Maryland; That sections seventy
0ne; seventy-two, seventy three, seyeity ,fott /,
seveuty-hve, scveuty-six. severity -5c'en and
scventy-eight of article seucnty-fvc of the
Code of Public General Laws relating to the
| removal of causes, be and the same are hereby
repealed, ard the following sections enacted
in lieu thereof:
IA. In all suits OF sctioiis 1t law issued
from the Orphans, Court Or other courts sit
ting IN equity, and in all prcsontmcnts or in
dictmcnts now pending, Or which may be pend
ing at the time of the passage Of this act, or
which may be he-oaiter instituted in any OF
the courts of !his State; except the Court Of
! Appeals, having jurisdiction thereof, Judge
or Judges thereof upon suggestion in writing,
if made by the States Attorney Or the prose-
cutor for the State, or upoh Suggestion in
writing, supported BY oflida@it made by any
Of the parties thereto, or whenever any party
! to such cause or the counsel IF any party shall
BY other proper evidence rake it satisfactorily
appear to the Court that s!ich party cannot
have fair end Impartial trial i'll the court in
which such slit OR action issue, or petition
prcsentlnent, or Indictment is pending, sial
order and direct the record Of proceeding If
such suit or action ISSUE, rrcsentme:t, or in
dictnent is nerdiig. shall order and dircc
tic record of proceeding in such suit or actor
| issue, prcscntment or indictment to be trans
mitted to some other court in the same or any
adjoining circuit having jurisdiction III sucf
cases which said Conrt shall hear and deter
mine the same in like manner as ifsuch suit OF
ASTON, issue or petition; presentment or indie
tmcnt had been originally instituted thereini
zrorided, that such suggestion Shall b. nad
before CT during tile time at which the issue o
issues may be joined in said suit or action, is
sues, petition, presentment or Indictment un
less the parties applying for such removal shal
in addition to sIcR afHGavits, f3:thcf state TN
der oath, that he, she or they bad come Il
such belief, or hsd tech convinced of that fac
since the issue or issues in said cause had beef
made, upon which additional statements bcinl
made and filed the causes shall be removed
Notwithstanding the issues had been made up
IS THAT when any suit or action, issues
petitions, prcscrtmerts or indictments, shall
be removed according to the provisions of tn
preceding section, it shall be and may be law
full for the party at whose instance the Sal
slit er action, issues or petition, presentimen
cr indictment was not tcnlCvtd, If he, she o
the7 shall think that justice cannot be dom
him, her or them in said court to which sal
srit Of a6tior, ,iasucs or petition, tresentmen
CT Indictment has becr removed, to file on at
fdavt as prescribed by tie preccedng sectio
in said court to Hhicl! said removal is ordered
suggesting that he, she Of they cannot hav
Justice in such court, whereuron the said cour
shall remove the said cause of action issues o
petition. presentment or indictment to suc|
ether court in the sauie or any adjoining Gil
cult having jurisdiction; as the said court sha
think will best tend to Justice between tn
parties to the said suit or action; or issues c
petition, presentlnent or indictments.
rs. 1t shall be ip tic power and discrctio
of the Judge, shoild he think it proper, I
, cause special panel oiforty- eigEt jurors to
selected to try any ciuse or catiscs remove
under the proceeding sections of this act, an
the Court shall direct the Clerk thereof to d
vide by ballot said number of jurors into tw
panels of Petit Jurors; and MAY take sucl
order for the regulating, attendance Of sal
, panels MS the said courts shall see fit, and tn
, said court may direct talesmen to be Surrmoi
ed in said cause or csuses wheuevct ficcessar,
IT. IN all the criminal cases removed q
aforesaid where The party Or parties detaine
: in jail. Tie party or parties SO detained sha
: not be removed until the first day of the SCI
sion of the court to which said case shall be r.
: moved.
: IS. The Judge of any of the said Circu
= Courts to which any cause or causes may be r
' moved under the proceeding sections shall a
9 low such compensation not exceeding the su