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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 394   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS

and which shall be hereafter prescribed
by law; and the said County Courts
established by this Act shall respectively
hold their Sessions in the Several Coun-
ties at such times and places as the
Legislature shall direct and appoint, and
the Salaries of the said Judges shall not
be diminished during the period of their
Continuance in Office. Sec. 2. In any suit or action at law,
hereafter to be commenced or instituted
in any County Court of this State, the
Judges thereof, upon suggestion in writ-
ing by either of the parties thereto, sup-
ported by affidavit or other proper evi-
dence, that a fair and impartial Trial
cannot be had in the County Court of
the County where such suit or action
is depending, shall and may order and
direct the record of their proceedings in
such suit or action to be transmitted to
the Judges of any County Court within
the District for trial, and the Judges of
such County Court, to whom the said
record shall be transmitted, shall hear
and determine the same in like manner
as if such suit or action had been orig-
inally instituted therein; Provided never-
theless,
That such suggestion shall be
made as aforesaid before or during the
term in which the issue or issues may be
joined in said suit or action; And pro-
vided also,
That such further remedy
may provided by law in the premises as
the Legislature shall from time to time
direct and enact. Sec. 3. If any party presented or in-
dicted in any of the County Courts of
this State, shall suggest, in writing, to
the court in which such prosecution is
depending, that a fair and impartial
Trial cannot be had in such Court, it
shall and may be lawful for the said
Court to order and direct the record of
their proceedings in the said prosecution
to be transmitted to the Judges of any
394>

adjoining County Court for Trial and
the Judges of such adjoining County
Court shall hear and determine the same
in the same manner as if such prosecu-
tion had been originally instituted there-
in; provided, That such further and
other remedy may be provided by Law
in the premises as the Legislature may
direct and enact. Sec. 4. If the Attorney General, or the
prosecutor for the State, shall suggest,
in writing, to any County Court before
whom an Indictment is or may be de-
pending, that the State cannot have a
fair and impartial Trial in such Court,
it shall and may be lawful for the said
Court, in their discretion, to order and
direct the record of their proceedings in
the said prosecution to be transmitted to
the Judges of any adjoining County
Court for Trial, and the Judges of such
County Court shall hear and determine
the same as if such prosecution had been
originally instituted therein. Sec. 5. There shall be a Court of
Appeals, and the same shall be com-
posed of the Chief Judges of the several
Judicial Districts of the State, which
said Court of Appeals shall hold, use,
and exercise, all and singular the pow-
ers, authorities and Jurisdictions, here-
tofore held, used and exercised by the
Court of Appeals of this State, and also
the appellate Jurisdiction heretofore
used and exercised by the General
Court, and the said Court of Appeals
hereby established shall sit on the West-
ern and Eastern Shores for transacting
and determining the business of the re-
spective Shores at such times and places
as the future Legislature of this State
shall direct and appoint, and any three
of the said Judges of the Court of Ap-
peals shall form a Quorum to hear and
decide in all cases pending in said
Court; and the Judge who has given a

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 394   View pdf image (33K)
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