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Proceedings and Acts of the General Assembly, 1874
Volume 211, Page 2968   View pdf image (33K)
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JAS. BLACK GROOME, ESQUIRE, GOVERNOR. 109

all the members elected to each House of the General
Assembly of Maryland, at its next session after the
said election.

Approved, March 19th, 1874.

CHAPTER 94.

 

AN ACT to add additional sections to article seventy-

 

five, of the Code of Public General Laws, allowing

 

the striking out of an order for removal after the

 

same has been passed.

 

WHEREAS, Doubt exists, whether after an order

Preamble

has been passed for the removal of a cause, the court

 

passing the same has any longer power to entertain

 

a motion therein, although it be a motion to strike

 

out the order for removal, therefore —

 

SECTION 1. Be it enacted by the General Assembly of

Addition to

Maryland, That the following sections be added to

General Laws

article seventy-five, of the Code of Public General

 

Laws, to succeed section eighty-three, to be num-

 

bered, " 83. A.'' and " 83. B."

 

83. A. Until the record in any cause has been ac-

To strikeout

tually transferred from the court passing the order

order

of removal, to the court to which it is removed, the

 

court passing the order shall have power to strike

 

out the order of removal, on motion of the party

 

applying for the same, and when so stricken out,

 

the cause shall proceed as if no motion for removal

 

had been made; but the motion for removal shall

 

not be renewed by the same party after the expiration

 

of the term at which the order for removal was strick-

 

en out ; provided, that no such motion to strike out

 

an order for removal shall be entertained, unless the

Proviso

same shall be made in time to admit of the trial of

 

the cause at the same term of the court at which said

 

order for removal was passed.

 


 

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Proceedings and Acts of the General Assembly, 1874
Volume 211, Page 2968   View pdf image (33K)
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