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Maryland Manual, 1955-56
Volume 166, Page 369   View pdf image (33K)
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[Art. 4, Sec. 8] MARYLAND MANUAL 369

nected 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 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

(1) Thus amended by Chapter 364, Acts of 1874, ratified November 2, 1875.

 

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Maryland Manual, 1955-56
Volume 166, Page 369   View pdf image (33K)
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