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Maryland Manual, 1921-22
Volume 131, Page 286   View pdf image (33K)
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286 MARYLAND MANUAL.

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
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 transferred 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
of existing law as may be necessary to regulate and give force
to this provision.*

SEC. 9. The judge or judges of any court may appoint
such officers for their respective courts as may be found neces-
sary ; and such officers of the Courts in the city of Baltimore
shall be appointed by the judges of the Supreme Bench of
Baltimore city. It shall be the duty of the General Assembly
to prescribe by law a fixed compensation for all such officers,
and said judge or judges shall from time to time investigate
the expenses, costs and charges of their respective courts, with
a view to a change or reduction thereof, and report the result
of such investigation to the General Assembly for its action.

SEC. 10. The clerks of the several courts created or con-
tinued by this Constitution shall have charge and custody of
the records and other papers; shall perform all the duties)

* Thus amended by Act of 1874, Chapter 384, ratified by the people it
November election, 1875.

 

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Maryland Manual, 1921-22
Volume 131, Page 286   View pdf image (33K)
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