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Maryland Manual, 1950
Volume 163, Page 329   View pdf image (33K)
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[Art. 4, Sec. 9] MARYLAND MANUAL 329

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 proceed-
ings that such party cannot 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
transmitted to some other court having jurisdiction in such
case for trial, but in all other cases of presentment or in-
dictment, pending in any of the Courts of law in this State
having jurisdiction thereof, in addition to the suggestion
in writing of either of the parties to such presentment or
indictment that such party cannot have a fair and impar-
tial 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 sug-
gestion 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 Constitu-
tion to sit in any such case and said Court to which the
record of proceedings in such suit, or action, issue, present-
ment or indictment may be so transmitted shall hear and de-
termine the same in like manner as if such suit or action,
issue, presentment or indictment had been originally insti-
tuted therein, and the General Assembly shall make such
modification of existing law as may be necessary to regulate
and give force to this provision.1

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 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 tihe
General Assembly for its action.

SEC. 10. The Clerks of the several Courts, created, or
continued by this Constitution, shall have charge and cus-
tody of the records and other papers, shall perform all the
duties, and be allowed the fees, which appertain to their sev-

' Thug amended by Chapter 364, Acts of 1874, ratified November 2, 1875.

 

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Maryland Manual, 1950
Volume 163, Page 329   View pdf image (33K)
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