The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1868-04-24

Laws, entitled Pleadings Of Practice and Pro-
cess, Subtitle Removal 0: Causes. as amend
ed by the act ofassembly of eighteen hundred
and sixty-ive chapter one hundred and eigh-
ty-seven, and to enact the following az sub
stitutes therefor.
SEC. /. BE 1t enacted by the General Assem-
bly, of Maryland, That sections seventy-four,
seventy-fve, seventy-six, seventy-seven and sew
enty eight of article 70, of the code Of Public
General Laws, entitled "Pleadings, Practice and
Process, subtitle Removal of Causes, as amend
cd by the act of Assembly, passed at the Janu-
airy Session of eighteen hundred and sixty-fve,
chapter one hundred and eghty-seven, be and
the same are hereby repealed, and the following
sections be substituted therefor.
IA. In all suits or actions at Law, issues
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 jurs-
diction thereof, the Judge or Judges thereof, up
on suggestion in writing, ifmade by the States
Attorney, or the prosecutor for the State, or up
on suggestion in writing supported by affidavit
made by any of the parties thereto, or whenev-
er any party to such cause or the counsel of any
party shall by other proper evidence make it sat
isfactorily appear to the Court, such party can
not have q fair and impartial trial in the Court
in whichsuch suit or action, issue or petition,
presentment or indictment is pending, or when
the Judges Of said Court shall be disqualified
under the provisions of the Constitution to sit in
any such suit, action, issue or petition, present.
ment or indictment, shall order and direct the
record of proceedings in such suit, action, issue
or petition, presentment or Indictment to be
transmitted to some other Court, and ola differ
ent Circuit ii the party applying shall so elect,
having jurisdiction in such cases, which said
Court shall hear and determine the same in like
manner as If such suit or action issue or petit
ton, presentment or n d i t m n t had
been originally instituted therein; provided,
that such suggestion shall be made before or
during the time at which the issue or issues, may
bejoined in said suit or action issues, petition,
presentment OF Indictment, unless the party or
parties applying for such removal shall in addi-
ton to such afidavits as have herein already
been provided for, further state under 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 adj
ditonal statements being made and filed, the
cause shall be removed, notwithstanding the is
sues had been made up.
rs. That when any suit or action, issues,
petitions, presentments or indictments shall BIZ
removed according to the provisions of the pre-
cedng section, it shall, and may be lawful for
the party at whose instance the said suit or ac-
ton, issues or petition, presentment or indict-
ment was not removed, if he, she or they shall
think that justice cannot te done him, her or
them in said Court to which said suit or action,
issues or petition, presentment or indictment,
has been removed, to file an affidavit as pre-
scrbed by the preceding section in said Court to
which said removal is ordered, suggesting that
he, she or they cannot have justice in such Court,
whereupon the said Court shall remove the said
cause, suit or action issues or petition, present.
ment or indictment to such other Court, land of
different Circuit if the party applying shall so
elect) having jurisdiction in such cases, as the
said Court shall think will best tend to justice
between the parties to the said suit or action,
issues or petition, presentment or indict-
ment.
76. 1t shall be in the power and discretion
OF the Judge or Judges, should he or they think
it proper to cause special panel of forty EIGHT
Jurors to be selected oy. the Sheriff from the
community at large, to try any cause or causes
removed under the preceding sections of this act,
and the court shall direct the clerk thereof to
divide by ballot said number of Jurors into two
parcels of Petit Jurors, and may take such order
for the regulating the attendance of said panels
as the said Court shall see fit, and the said Court
may direct taesmen to be summoned in said
cause or causes whenever necessary.
II. In all criminal cases removed as afore-
said, where the party or parties to be tried there
in are detained in Jail, the party or parties so
detained, shall not be removed until the first
day of the session of the Court to which said case
shall be removed.
49, The Judge or Judges of any of the said
Circuit Court, to which any cause or causes may
be removed under the preceding sections shall
allow such compensation, not exceeding the sum
of forty dollars, in any one case to the States
Attorney for his services in appearing to or try
ing said cause or causes as the said Judge or
Judges may deem just and proper, to be borne
and paid by the County from which said cause
or causes may be removed, or by the city of
Baltimore as the case may be.
SEC. 2. And be it enacted, That this act shall
take effect from the date of its passage.
Approved March %, 1868.
THOMAS SWAMI,
Governor.