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Maryland Manual, 1928
Volume 144, Page 382   View pdf image (33K)
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382 MARYLAND MANUAL.

SEC. 8. The parties to any cause may submit the same to
the court for determination 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 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 juris-
diction thereof, in addition to the suggestion in writing of
either, of the parties 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 making such suggestion to make it satisfacto-
rily 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 jurisdiction 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 Constitution 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 trans-
mitted, shall hear and determine the same in like manner as
if such suit or action, issue, presentment or indictment had
been originally instituted therein; and the General Assembly
shall make such modification of existing law as may be neces-
sary 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.

* Thus amended by Act of 1874, Chapter 364, ratified by the people at
November election. 1875.

 

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Maryland Manual, 1928
Volume 144, Page 382   View pdf image (33K)
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