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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 534   View pdf image (33K)
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534 PLEADINGS, PRACTICE AND PROCESS. [ART. 75.

74*. In all suits or actions at law, issues from the Orphans'
Court or other court sitting in equity, in petitions for freedom,
and in all presentments or indictments now pending or which
may hereafter be pending or which may hereafter be instituted
in any of the courts of Baltimore city having jurisdiction there-
of, 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 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 or petition, presentment or indictment is
depending, may order and direct the record of proceedings in
such suit or action, issues or petition, presentment or indict-
ment to be transmitted in his or their discretion, in addition to
the courts to which said suit or action, issues or petition, present-
ment or indictment may be removed under the preceding sec-
tions, to the Circuit Court for Anne Arundel county, the Circuit
Court for Howard county or to the Circuit Court for Harford
county, which said court shall hear and determine the same in
like manner as if such suit or action, issues or petition, present-
ment or indictment had been originally instituted therein; Pro-
vided, that such suggestion shall be made before or during the
term on which the issue or issues may be joined in said suit or
action, issues or petition, presentment or indictment, unless the
party or parties applying for such removal shall, in addition to
such affidavit, further state under oath, that he, she or they had
come to such belief, or had been convinced of that fact, since the
issue or issues in said case had been made up, on which said
additional statement being made and filed as aforesaid, the said
suit or action, issues or petition, presentment or indictment may
be removed in the discretion of the court, in addition to the
courts to which they may be removed under the preceding sec-
tions, to any one of the above named counties, notwithstanding
the said issue or issues in said suit or action, issues or petition,
presentment or indictment had been made up.

75*. When any suit or action, issues or petition, presentment
or indictment shall be removed according to the provisions of
the preceding section, it shall and may be lawful for the party
at whose instance the said suit or action, issues or petition, pre-
sentment or indictment was not removed, if he, she or they shall
think that justice cannot be done him, her or them in said county
to which said suit or action, issues or petition, presentment or
indictment has been removed, to file an affidavit as prescribed

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 534   View pdf image (33K)
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