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Election of Jury:
Removal of
pending cases;
procedure.
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Sec. 8. The parties to
any cause may submit the
same to the Court for deter-
mination 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 punishable by death,
pending in any of the courts
of law in this State having
jurisdiction thereof upon
suggestion in writing under
oath of either of the parties
to said proceedings that
such party cannot 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 juris-
diction in such case for
trial, but in all other cases
of presentment or indict-
ment, 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 cannot 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 sugges-
tion to make it satisfac-
1 torily appear to the Courl
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Sec. 8. The parties to
any cause may submit the
same to the Court for deter-
mination, without the aid of
a jury; and the Judge, or
Judges of any Court of this
State, except the Court of
Appeals, shall order and
direct the Record of pro-
ceedings in any suit, or
action, issue, or petition,
presentment, or indictment,
pending in such Court, to
be transmitted to some other
Court, (and of a different
Circuit, if the party apply-
ing 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, sup-
ported by the affidavit of
such party, or his counsel,
or other proper evidence,
that the party cannot have
a fair or impartial trial in
the Court, in which such
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 Con-
stitution, to sit in any such
suit, action, issue or peti-
tion, presentment, or in-
dictment; and the Genera
Assembly, shall make such
modifications of existing
Law as may be necessary
to regulate and give force
to this provision.
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Sec. 8. The General As-
sembly shall provide for the
trial of causes in case of
the disqualification of the
Judge of the Superior Court
of Baltimore city, the Court
of Common Pleas, the
Circuit Court of Baltimore
city, and the Criminal Court
of Baltimore, and also in
case of the disqualification
of any Judge of other Cir-
cuit Courts of this State,
to hear and determine the
same, but in case of such
disqualification, the parties
thereto may, by consent,
appoint a person to try
the same; and the parties
to any cause may submit
the same to the Court for
determination without the
aid of a jury.
Sec. 9. The Judge or
Judges of any Court of this
State, except the Court of
Appeals, shall order and
direct the record of pro-
ceedings in any suit or
action, issue or petition,
presentment or indictment
pending in such Court, to
be transmitted to some other
Court in the same or any
adjoining Circuit having
jurisdiction in such cases,
whenever any party to such
cause, or the counsel of
any party shall make
it satisfactorily appear to
the Court that such party
cannot have a fair and im-
partial trial in the Court in
which such suit or action,
| issue or petition, present-
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Sec. 28. In all suits or
actions at law, issues from
the Orphans' Court or from
any court sitting in equity,
in petitions for freedom,
and in all presentments and
indictments now pending, or
which may be pending at
the time of the adoption
of this Constitution by the
people, or which may be
hereafter instituted in any
of the courts of law of this
State, having jurisdiction
thereof, the judge or judges
thereof, upon suggestion in
writing, if made by the
State's Attorney, or the
prosecutor for the State, or
upon suggestion in writing,
supported by affidavit, made
by any of the parties there-
to, or other proper evi-
dence, that a fair and im-
partial trial cannot be had
in the court where such suit
or action at law, issues or
petitions, or presentment
and indictment is depend-
ing, shall order and direct
the record of proceedings
in such suit or action, is-
sues or petitions, present-
ment or indictment, to be
transmitted to the court of
any adjoining county; pro-
vided, that the removal in
all civil causes be confined
to an adjoining county
within the judicial circuit,
except as to the city of
Baltimore, where the re-
moval may be to an adjoin-
ing county, for trial, which
court shall hear and deter-
mine the same in like man-
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Proposed by Act of 1804,
chapter 55. Ratified 1805.
Sec. 2. Any suit or action
at law, hereafter to be com-
menced or instituted in any
County Court of this State,
the Judges thereof, upon
suggestion in writing by
either of the parties thereto,
supported by affidavit or
other proper evidence, that
a fair and impartial Trial
cannot be had in the County
Court of the County where
such suit or action is de-
pending, shall and may
order and direct the record
of their proceedings in such
suit or action to be trans-
mitted 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 originally instituted
therein; Provided neverthe-
less, 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 provided
also. That such further rem-
edy may provided by law
in the premises as the Leg-
islature shall from time to
time direct and enact.
Sec. 3. If any party
presented or indicted in
any of the County Courts
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