The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1865-07-01
C. HARDWOOD, Secretary Senate.
s9lt w. r. COLE, % y,1eaou 8
1al Chief Clerk House Of Delegates.
CHAPTER 1877.

- CHAPTER 197.
AN ACT to repeal sections seventy-one,
seventy-two, o,seyenty-three, seventy-four,
seventy-hve, seventy-six, seventy-seven
ni and seventy-eight of Article seventy-fve,
q of the Code Of Public General Laws,
4 and to enact substitutes therefor, so as
to carry out the provisions Of the ninth
section Of Article four of the Constitu-
tion, relating to the removal of causes.
Section l. Be it enacted by the General
Assembly of Maryland, That sections sew
enty-one, seventy-two, seventy-three, sev-
enty-four, seventy.6ve, seventy.six,a seven
ty-seven and seventy.eight Of Article sew
enty-fve of the Code Of Public General
Laws relating to the removal of causes, be
and the same are hereby repealed, and the
following sections enacted in lieu thereof ::
+ IA. In all suits or actions at law issued
from the Orphans Court or other courts
sitting in equity and in all presentments or
indictments now pending, or which may be
pending at the time of the passage of this
act, or which may be hereafter instituted
in any of the courts of this State, except
the Court Of Appeals, having jurisdiction
thereof, Judge or Judges thereof upon sug-
gestion in writing if made. by the States
Attorney or the prosecutor for the State,
or upon suggestion in writing, supported
by affidavit made by any of the parties
thereto,s or whenever any party to such
cause or the counsel of any party shall by
other proper evidence make it satisfactori:
ly appear to the court that such party can
not have fair and impartial trial
in the court in which such suit or ac-.
tion, Issue, or pc tition, presentment, or in
dietment is, pending, shall order and direct
therecord of proceeding in such suit or ac-
tion, ISSUE, preSentment, or indictment to
be transmitted tosonie other court in the
same or any adjoining circuit having juris-.
diction in such cases, which said court shall
hear and determiRe the same in like man
ner, as If such suit or action, issue or petit
ton, presentment or indictment had been
originally instituted therein provided,
shat such suggestions shall be made before
or during the time at which the issue may
be Joined inIsaid suit or action, issues, Pc
titions, presentment or Indictment unless
the parties applying for such removal shall.
in addition to such affidavits, further state
under oath, that he, she or they had come
to such belief, or had been convinced of
that fact since the issues in said cause had
been made, upon which additional state
ments being made and fled, the cause
shall be removed, Notwithstanding the is
sues had been made up.
IS. That when any suit or action, issues,
petitions, presentments or indictments,
Shall be removed according to the proyi-
sions of the preceding section, it shall and
may be lawful for the party at whose in
stance the said-suit or action, issues or Pc
tition, presentment or indictment was not
removed if he, she or they shall think that
Justice cannot be done him, her or them in
said court to which said suit or action, is
sues or petition, presentment or indictment
has been removed, to file on affidavit as
prescribed byth preceding section, in said
court to- which said removallis ordered,
suggesting that he, she orthey cannot have
Justice in such court, whereupony the said
court shall remove the said cause or action,
issues or petition, presentment or indict-
ment to such other court in the same, or
any adjoining circuit. having jurisdiction,
as the said court shall think will best tend
to justice between the parties to the said
suit or action, issues or petition, present
mentor Indictment il& 9ii ai gaiIrol
1a rs. 1t shall be in the power and discre-
tion of the Judge should he think it proper,
to cause special panel of forty-eight ju-
rors to be selected to try any cause or caus-
es removed under the preceding sections Of
this act, and the court shall direct the
Clerk thereof to divide by ballot said num-
ber ofjurors into two panels of Petit Ju-
rors and may take such order for regula-
ting, the attendance Of said panels as the
said conrt shall see fit, and the said court
may direct talismen to be summoned in
said cause or causes whenever necessary.
II. In all criminal cases removed as
aforesaid where the party or parties are de-
tanned in jail, the party or parties so de-
tanned shall not be removed until the first
day of the session of the court to which
said cases shall be removed. % j. 9hl.aai
ssTg78. The Judge Of any fofthe said Circuit
Courts to which any cause or causes may
be removed under the preceding sections,
shall allow such compensation not exceed
ing the sum, of forty dollars in any one case
to the States Attorney, for his services in
appearing to or trying said cause or causes,
as the said Judge may deem just and prop
er, said allowance not to exceed forty dol
lars in one case, to be borne and paid by
the county from which said causes may be
removed, or by the city of ald Baltimore nfH' as
the case may be,.a4o@ y. b,o. ...s ID, a. M
+ Sec.,' q. BE it enacted, That thisa act shall
take effect from the date of its passage. -
ba egHIt is prophesied that the coming sum-