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608 MARYLAND MANUAL [Art. 4 SEC. 6. All Judges shall, by virtue of their offices, be Conservators of the Peace throughout the State; and no fees, or perquisites, commission, or reward of any kind; shall be allowed to any Judge in this State, besides his an- nual salary, for the discharge of any Judicial duty. SEC. 7. No Judge shall sit in any case wherein he may be interested, or where either of the parties may be con- 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. 1 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 Constitution 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. ' Thus amended by Chapter 364, Acts of 1874, ratified November 2, 1875. |
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Maryland Manual, 1969-70
| Volume 174, Page 608 View pdf image (33K) |
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