Volume 152, Page 466 View pdf image (33K) |
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466 MARYLAND MANUAL SEC. S. 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 thte 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.* Sac. 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 Asembly for its action. Thus amended by Act of 1874, Chapter 364, ratified by the people at November election. 1875, |
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Volume 152, Page 466 View pdf image (33K) |
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