| 1804.
CHAP. 55. |
LAWS OF MARYLAND.
of the general assembly, provided that two-thirds of all the
members of each house concur in such address; and the county
courts, so as aforesaid established, shall have, hold and exercise,
in
the several counties of this state, all and every the powers, authorities
and jurisdictions, which the county courts of this state now
have, use and exercise, and which shall be hereafter prescribed by
law; and the said county courts established by this act shall respectively
hold their sessions in the several counties at such times
and places as the legislature shall direct and appoint, and the salaries
of the said judges shall not be diminished during the period of
their continuance in office. |
On suggestion of
party, supported
by affidavit, suits
may be removed
to another county
in the district.
Proviso. |
2. AND BE IT ENACTED, That in any suit or
action at law hereafter
to be commenced or instituted in any county court of this state,
the judges thereof, upon suggestion, in writing, by either of the
parties thereto, supported by affidavit, or other proper evidence,
that a fair and impartial trial cannot be had in the county court of
the county where such suit or action is depending, shall and may
order and direct the record of their proceedings in such suit or action
to be transmitted to the judges of any county court within the
district for trial, and the judges of such county court, to whom the
said record shall be transmitted, shall hear and determine the same
in like manner as if such suit or action had been originally instituted
therein; Provided nevertheless, that such suggestion shall be
made as aforesaid before or during the term in which the issue or
issues may be joined in said suit or action; And provided also,
that
such further remedy may provided by law in the premises as the
legislature shall from time to time direct and enact.
See 1806, ch. 90, s. 9. |
Presentments may
be removed to an
adjoining county. |
3. AND BE IT ENACTED, That if any party presented
or indicted
in any of the county courts of this state, shall suggest, in writing,
to the court in which such prosecution is depending, that a fair and
impartial trial cannot be had in such court, it shall and may be lawful
for the said court to order and direct the record of their proceedings
in the said prosecution to be transmitted to the judges of
any adjoining county court for trial, and the judges of such adjoining
county court shall hear and determine the same in the same manner
as if such prosecution had been originally instituted therein;
provided, that such further and other remedy may be provided by
law in the premises as the legislature may direct and enact.
See 1805, ch. 65, s. 49. |
State may remove
trial to adjoining
county. |
4. AND BE IT ENACTED, That if the attorney-general,
or the prosecutor
for the state, shall suggest, in writing, to any county court
before whom an indictment is or may be depending, that the state
cannot have a fair and impartial trial in such court, it shall and
may
be lawful for the said court in their discretion, to order and direct
the record of their proceedings in the said prosecution to be transmitted
to the judges of any adjoining county court for trial, and the
judges of such county court shall hear and determine the same as
if such prosecution had been originally instituted therein. |
Court of appeals to
be composed of
the chief judges of
the judicial districts. |
5. AND BE IT ENACTED, That there shall be
a court of appeals,
and the same shall be composed of the chief judges of the several
judicial districts of the state, which said court of appeals shall
hold, use and exercise, all and singular the powers, authorities |
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