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Maryland Manual, 1939
Volume 158, Page 546   View pdf image (33K)
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546 MARYLAND MANUAL

SEC. 7. No judge shall sit in any case wherein he may be
interested, or where either of the parties may be connected
with him by affinity or consanguinity within such degrees as
now are or may hereafter be prescribed by law, or where he
shall have been of counsel in the case.

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 presentments
or indictments for offences which are or may be punishable 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 jurisdiction thereof, in addition to the sug-
gestion in writing of either, of the parties to such presentment of
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
satisfactorily 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 pro-
visions of this Constitution to sit in any case; and said court to
which the record of proceedings in suit or action issue, present-
ment or indictment may be so transmitted, shall hear and deter-
mine the same in like manner as if such suit or action, issue,
presentment or indictment had been originally instituted there-
in; and the General Assembly shall make such modification of
existing law as may be necessary 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 necessary;
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

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

 

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Maryland Manual, 1939
Volume 158, Page 546   View pdf image (33K)
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