Volume 173, Page 634 View pdf image (33K) |
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634 MARYLAND MANUAL [Art. 4, Sec. 8]
^ 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- in 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 where 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. 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 »1 Thus» amended by Chapter 864, Acts of 1874, ratified November 2, 1875. |
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Volume 173, Page 634 View pdf image (33K) |
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