Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1868-05-14

y ~
To repeal Sections Seventy-four, seventy
FIVE, seventv-six, seyenty-scyen and
seyenty-eight Of Article -, of the
Code of Public General Laws, entitled
Pleadings, Practice and Process,
Subtitle Removal Of Causes, as amen
ded by the Act of Assembly Of eigh-
teen hundred and sixty-fve, chapter
one hundred and eighty-seven, and TO
enact the following as substitutes there
for.
Sec. l. Be it enacted by the General
Assembly of Maryland, That sections
seventy-tour, seventy-fve, seyenty-six,
seyenty-seven and scyenty-eight Of Arti
Gle -, of the Code of Public General
Laws, entitled .Pleadings, Practice and
Process, sub title Removal OF Causes, as
amended hy the Act Of Assembly, pass d
at the January Session OF eighteen hun
dred and sixty five, Chapter one hundred
and eighty-sev,n, be and the same are
hereby repealed, and that the following
sections be substituted therefor.
5 a In all suits or actions at Law,
issues from the Orphans Court or other
Courts sitting in equity, and in all pre-
sentiments or indictments now pendia g,
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, the Jud4" or
judges thereof, upon suggestion IN writ
ing, if made by the States Attorney, or
the prosecution of the State, or upon sue-
cr>tlon IN writing supported By aihdpvit
made 10y any of the parties thereto or
whenever any party to such cause or the
Counsel Of any party shall by other prop
er evidence make II satisfactorily appear
t. the Court, sUch party cannot have a
fair and impartial trial in the Court in
which such suit or action, issue or petition
presentment or Indictment is pending, OF
when the Judges of said Court shall be
disqualified under the provisions of the
Constitution to sit in any such suit. ac-
ton, issue or petition, presentment or in
dictment, shall order and direct the re-
cord Of proceedings III such suit, action,
issue or petition, presentment or lndlc;-
ment, to be Transmitted to some other
I Court, and Of different Circuit if the
party applying shall SO elect, having ju-
risdction in such cases, which said Court
shall hear and determine the same in like
manner as If such SUIT or action, Issue or
petition, presentment or Indictment had
been originally instituted therein pro-
yided that such suggestion shall be made
/ before or during the time at which the is
sue or issues, may be joined in said suit
or action, issues, petition, prcsentmcnt or
indictment. unless the party or parties
applying for such removal shall Ill addl-
/ ton TO such athdavlts rs have herein al
ready been provided for. further state un-
I der oath, that he, she or they had come
| to such belief, or been convinced Of that
| fact. since the issue or issues, in said
cause, had been made, upon which addi-
tional statements being made and filed
! the cause shall be removed, notwithStand
I ing the issues had been made up.
! : -. That when any suit or action
issues. petitions. presentments or indict-
mentS shall be removed according to the
provisions of the preceding section, 1t
shall, and may be lawful for the party Al
whose n'>'a'et 'ne S"'b sun oi "e''o''
issues OF petition, presentment or lndlct-
ment was not removed, II he, she OF they
shall think that justice cannot be don
hIm. her or them IN Said Court 70 w4'el
sand suit or action issues or petition pre-
sentiment or indictmen'' mas otFA femr''
ed, to hle an aflua'll as PreScr'oed " lh'