PLEADINGS, PRACTICE AND PROCESS AT LAW. 2405
129; Price v. State, 8 Gill, 295; Peters v. Van Lear, 4 Gill, 262; Cromwell v. State,
12 G. & J. 257; Oliver v. Palmer, 11 G. & J. 144; State v. Dashiell, 6 H. & J. 269;
Queen v. Neale, 3 H. & J. 158.
Cited but not construed in Wonnan v. Hagan, 78 Md. 164.
As to removal of cases from courts of law to courts of equity, see sec. 124. As to
case removed upon question reserved for court in banc, see sec. 132. As to removal
of a case ordered by court of appeals, see art. 5, sec. 27. As to costs in removed cases,
see art. 24, sec. 1, et seq.
See art. 4, sec. 8, Md. Constitution.
An. Code, sec. 103. 1908, ch. 417.
110. In all cases where a suggestion for the removal of a cause is filed,
as provided in the preceding section hereto, it shall be the duty of the
clerk of the court in which such suggestion is filed to notify counsel for
all parties interested as soon as the record in such case is made up for
transmission to the court to which the same has been directed to be re-
moved, giving such parties a reasonable opportunity for the inspection of
such record, and no cause so removed shall stand for trial in the court to
which sent unless it shall appear from the record so transmitted either that
such opportunity to inspect the record has been given as aforesaid or that
such inspection has been waived, either by a written statement to that
effect filed in the cause or by the lapse of the time prescribed in the notice
sent by the clerk, as aforesaid. This section not to apply to Baltimore city.
An. Code, sec. 104. 1908, ch. 541.
111. In addition to the right of removal, provided for in section 109
of this article, any party to any suit or action at law, issues from the or-
phans' court, or suit in equity, and in all cases of presentments or indict-
ments for offenses which are or may be punishable by death, shall have
the further right of removal as follows:—upon suggestion in writing under
oath of either of the parties to said proceeding, or of their respective at-
torneys 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 in-
dictment to be transmitted to some court of the judicial circuit of this
State adjoining the judicial circuit of which the court in which said action
or suit at law, suit in equity, issues from orphans' court, presentment or
indictment, is pending is a part; and the said court to which the record
of proceedings in such suit or action, issue, presentment or indictment may
be transmitted, shall hear and determine the same in like manner as if
such suit or action, issue, presentment or indictment had been originally
instituted therein. Provided, that the provisions of this section shall apply
only to the counties of St. Mary's, Prince George's, Charles and Calvert.
An. Code, sec. 105. 1904, sec. 103. 1888, sec. 98. 1868, ch. 180. 1874, ch. 364.
112. When any suit or action, issues or petition, presentment or in-
dictment for offenses which are or may be punishable by death shall be
removed according to the provisions of section 109, it shall and may be
lawful for the party at whose instance the said suit or action, issues or peti-
tion, presentment or indictment was not removed, if he shall think that
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