|
|
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 indict-
ment to be transmitted to
some other Court having
jurisdiction in such cases
For trial and such right of
removal shall exist upon
suggestion in cases where
all the Judges of said Court
may be disqualified under
the provisions of this Con-
stitution to sit in any such
case and said Court to
which the record of pro-
ceedings in such suit, or
action, issue, presentment or
indictment may be so trans-
mitted shall hear and deter-
mine the same in like man-
ner as if such suit or action,
issue, presentment or in-
dictment had been origin-
ally instituted therein, and
the General Assembly shall
make such modification of
existing law as may be
necessary to regulate and
give force to this provision.
|
|
ment or indictment is pend-
ing; and the General As-
sembly shall make such
modifications of existing law
as may be necessary to
regulate and give force to
this provision.
|
ner as if such suit or action,
issues or petitions, present-
ment or indictment, had
been originally instituted
therein; and provided also,
that such suggestion shall
be made as aforesaid, be-
fore or during the term in
which the issue or issues
may be joined in said suit
or action, issues or petition,
presentment or indictment,
and that such further rem-
edy in the premises may be
provided by law, as the
Legislature shall from time
to time direct and enact.
|
|
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 transmit-
ted to the Judges of any
adjoining County Court for
Trial and the Judges of
such adjoining County
Court shall hear and deter-
mine the same in the same
manner as if such prosecu-
tion had been originally
instituted therein; 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 In-
dictment is or may be de-
pending, that the State can-
not have a fair and impartial
Trial in such Court, it shall
and may be lawful for the
said Court, in their discre-
tion, to order and direct
the record of their proceed-
ings 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.
|
