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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1686   View pdf image (33K)
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1686 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

1904, art. 75, sec. 105. 1888. art. 75, sec. 100. 1860, art. 75, sec. 77. 1860, ch.
159, sec. 4. 1865, ch. 187. 1868, ch. 180.

107. In all criminal cases removed as aforesaid, where the party to
be tried therein is detained in jail, the party so detained shall not be
removed until the first day of the session of the court to which said
case shall be removed.

Ibid. sec. 106. 1888, art. 75, sec. 101. 1860, art 75, sec. 78. 1860, ch.
159. sec. 5. 1865, ch. 187. 1868. ch. 180.

108. Any of the said circuit courts, to which any cause or causes

may be removed under the preceding sections, shall allow such com-
pensation, not exceeding the sum of forty dollars in any one case, to
the state's attorney, for his services in appearing to or trying said cause
or causes, as they may deem just and proper, to be borne and paid by
the county from which said cause or causes may be removed, or by the
city of Baltimore, as the case may be.

The allowance of compensation to an officer of the court, in addition to
the sum allowed by law and not to exceed a certain sum, is a judicial and
not a clerical act which must be evidenced by an order entered under the
authority of the judge. This section and sections 74, 75, 76 and 77 of article
75, of the code of 1860, dealing with compensation in removed cases, con-
strued. Baltimore City v. Baltimore County. 19 Md. 562.

As to costs in removed cases, see art. 24. sec. 1. et seq.

As to state's attorneys, their duties, compensation, etc., sec art. 10. sec.
20. et scq.

Ibid sec. 107. 1888. art. 75. sec. 102. 1860. art. 75. sec. 79. 1806, ch. 90.

sec. 9. 1853, ch. 10.

109. If it shall appear to any court to which any civil or criminal
case has been removed, that the transcript of the record in said case is
not a true transcript, of the record or proceedings had in the court from
which the said case has been removed, it shall be the duty of the court
to which the case has been removed forthwith to order and direct that
the said imperfect transcript shall be delivered to the clerk of the court
from which the same was sent; and it shall be the duty of said clerk
receiving such transcript so to him returned, to correct the same forth-
with, noting at the end thereof the corrections so made, or to prepare
a new transcript of the said record, which shall be correct in all its
parts.

Ibid. sec. 108. 1888 art. 75. sec. 103. 1860, art. 75. sec. 80.
1853. ch 10.

110. The court to which any imperfect transcript is sent shall have
power to order the delivery thereof to the clerk of the, court from which
the case was removed as often as may be necessary to the perfection of
said transcript as a true copy of the record in the case; and the court
to which such case is removed shall proceed with the trial thereof at as
early a day as may be; and all recognizances and other proceedings had
in the court to which the case is removed shall be as good and valid
as if the transcript of the record originally transmitted had been correct
in all its parts.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1686   View pdf image (33K)
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