ART. 75.] PLEADINGS, PRACTICE AND PROCESS. 533
clerk or register, when required, to exhibit to the court his
dockets, records and fee books, and the measure of damages
shall be the sum or sums he has charged for services he has not
performed, unless special damage has been suffered by some
person, and if so the jury shall in addition allow for such special
damage.
REMOVAL OF CAUSES.
71. In all suits or actions at law, issues from the Orphans'
Court, or any court sitting in equity in petitions for freedom,
and in all presentments and indictments instituted in any of the
Courts of Law of this State, the judge 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 thereto, or other proper evidence
that a fair and impartial trial cannot be had in the court where
such suit or action at law, issues, petition or presentment and
indictment is pending, shall order and direct the record of pro-
ceedings therein to be transmitted to the court of any adjoining
county, whether such adjoining county be within the judicial
circuit or not, for trial, which court shall hear and determine the
same in like manner as if it had been originally instituted
therein.
72. Such suggestion shall be made before or during the term
in which the issue or issues may be joined in said suit or action,
issues or petition, presentment or indictment, unless the party
applying for such removal shall, in addition to such affidavit,
further state he had come to such belief, or had been convinced
of that fact since the issues had been made up; on which addi-
tional statement being made and filed, the cause shall be removed,
notwithstanding the issues had been made up.
73. When any suit or action, issues, petition, presentment or
indictment shall be removed to an adjoining county according to
the provisions of the two last preceding actions, it shall be lawful
for the party at whose instance the same was not removed, if he
shall think that justice cannot be done him in the county to
which the cause has been removed, to file an affidavit as before
required in the court to which the removal is ordered, suggesting
that he cannot have justice in such county, whereupon the said
court shall remove said cause to such adjoining county as the said
court shall think will best tend to justice between the parties
thereto.
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