AET. IV] JUDICIARY DEPARTMENT. 71
Sec. 7.] No Judge shall sit in any case wherein he may be
interested, or where either of the parties may be connected 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.
Sec. 8. The parties to any cause may submit the same to the
court for determination, without the aid of a jury; and the Judge,
or Judges of any Court of this State, except the Court of Appeals,
shall order and direct the record of proceedings in any suit or action,
issue or petition, presentment or indictment, pending in such court,
to be transmitted to some other court, (and of a different circuit, if
the party applying shall so elect,) having jurisdiction in such cases,
whenever any party to such cause, or the counsel of any 'party, shall
make a suggestion, in writing, supported by the affidavit of such party
or his counsel, or other proper evidence, that the party cannot have a
fair or impartial trial in the court in which suit, or action, issue or
petition, presentment or indictment is pending, or when the Judges
of said court shall be disqualified under the provisions of this Consti-
tution to sit in any such suit, action, iseue or petition, presentment or
indictment; and the General Assembly shall make such modification
of existing Law as may be necessary to regulate and give force to this
provision.
[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 of this State having jurisdiction thereof, upon
suggestion in writing under oath of either of the parties to said pro-
ceedings, 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 Indictment 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 impartial 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 suggestion 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
when all the Judges of said Court may be disqualified, under the pro-
visions of this Constitution to sit in any case; and said court to which
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