ART. IV.] CONSTITUTION. 47
party applying shall so elect), having jurisdiction in such
cases, whenever any party to such cause, or the counsel of
any party, shall make a suggestion, in writing, supported by
the affidavit of such party or his counsel, or other proper
evidence, that the party can not have a fair or impartial
trial in the court in which 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
this Constitution to sit in any such suit, action, issue or peti-
tion, presentment or indictment; and the General Assembly
shall make such modifications of existing law as may be
necessary to regulate and give force to this provision.
[SEC. 8. The parties to any cause may submit the same to |
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the court for determination without the aid of a jury and
in all suits or actions at law, issues from the Orphans'
Court or from any court sitting in equity, and in all cases
of presentments or indictments for offences which are or
may be punishable by death pending in any of the courts of |
Trial with-
out Jury. |
law of this State having jurisdiction thereof, upon sugges-
tion in writing under oath of either of the parties to said
proceedings, that such party can not have a fair and im-
partial trial in the court in which the same may be pending,
the said court shall order and direct the record of proceed-
ings in such suit or action, issue, Presentment or indict-
ment, to be transmitted to some other court having Juris-
diction in such case, for trial; but in all other cases of pre-
sentment or indictment pending in any of the courts of
law in this State having jurisdiction thereof, in addition to
the suggestion in writing of either, of the parties to such
presentment or indictment that such party can not have a
fair and impartial trial in the court in which the same may
be pending, it shall be necessary for the party making such
suggestion to make it satisfactorily appear to the court that
such suggestion is true, or that there is reasonable ground
for the same; and thereupon the said court shall order and
direct the record of proceedings in such presentment or in-
dictment to be transmitted to some other court having juris-
diction in such cases for trial; and such right of removal
shall exist upon suggestion in cases when all the judges of
said court may be disqualified, under the provisions of this
Constitution to sit in any case; and said court to which the
record of proceedings in such suit or action, issue, present-
ment or indictment may be so transmitted, shall hear and
determine the same in like manner as if such suit or action,
issue, presentment or indictment had been originally insti-
tuted therein; and the General Assembly shall make such |
Removal of
cases. |
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