LAWS OF MARYLAND.— 1804.

491

their sessions in the several counties 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.
By 1835, ch. 256, a part of Baltimore and Frederick counties were
effected into Carroll county, a court of justice organized, and the county
thus created, is made part of the third judicial district.

SEC. 2. And be it enacted, That 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 writing, by
either of the parties thereto, supported by affidavit, or other pro-
per evidence, that a fair and impartial trial cannot be had in the
county court of the county where such suit or action is depend-
ing, shall and may order and direct the record of their proceed-
ings 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

On sugges-
tion of party
supported
by affidavit,
suits may
be removed
to another
county in
the district.

action had been originally 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 provided also, that such further

Proviso.

remedy may* provided by law in the premises as the legisla-
ture shall from time to time direct and enact.

(*be)

SEC. 3. And be it enacted, That 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 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 prosecution 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.
See 1805, ch. 65, sec. 49.

Present-
ments may
be removed
to an
adjoining
county.

SEC. 4. And be it enacted, That 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 depending, 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 pro-
secution 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 origi-
nally instituted therein.

State may
remove trial
to adjoining
county.