ART. IV.] CONSTITUTION. 47
plying shall so elect), having jurisdiction in such cases, when-
ever 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 in-
dictment 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 petition, presentment or indict-
ment ; and the General Assembly shall make such modifica-
tions 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 present-
ments or indictments for offences which are or may be pun-
ishable by death pending in any of the courts of law of this |
Trial with-
out Jury, |
State having jurisdiction thereof, upon suggestion in writing
under oath of either of the parties to said proceedings, that
such party can not have a fair and impartial trial in the court
in which the same may be pending, the said court shall order
and direct the record of proceedings in such suit or action,
issue, presentment or indictment, to be transmitted to some
other court having jurisdiction in such case, for trial; but in
all other cases of presentment 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 par-
ties 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 mak-
ing 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
indictment 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 Con-
stitution to sit in any case; and said court to which the record
of proceedings in such suit or action, issue, presentment or
indictment may be so transmitted, shall hear and determine
the same in like manner as if such suit or action, issue, pre-
sentment or indictment had been originally instituted there-
in ; and the General Assembly shall make such modification
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Removal of
cases. |
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