2406 ARTICLE 75.

justice cannot be done him in said court to which said suit or action, issues
or petition, presentment or indictment has been, removed, to file an affida-
vit, as prescribed by section 109, in said court to which said removal is
ordered, suggesting that he can not have justice in such court, whereupon
the said court shall remove the said cause, suit or action, issues or petition,
presentment or indictment, to such other court having jurisdiction in
such cases as the said court shall think will best tend to justice between
the parties to the said suit or action, issues or petition, presentment or
indictment. When any presentment or indictment for offenses which are
not or may not be punishable by death shall be ordered to be removed
under the provisions of section 109 no removal shall be ordered by the
court to which the same shall have been removed, upon the application of
the party at whose instance such presentment or indictment was not re-
moved, unless in the exercise of its discretion the said court shall be satis-
fied by proof that such removal is necessary for the purpose of a fair and
impartial trial.

The act of 1868, ch. 180, held applicable and this section applied. Price v. Nesbitt,
29 Md. 266. Cf. Hoshall v. Hoffacker, 11 Md. 364.

An. Code, sec. 106. 1904, sec. 104. 1888, sec. 99. 1860, ch. 159, sec. 3. 1865, ch. 187.

1868, ch. 180.

113. It shall be in the power and discretion of the court, should they
think it proper, to cause a special panel of forty-eight jurors to be selected
by the sheriff from the community at large to try any cause or causes re-
moved under sections 109 and 112, and the court shall direct the clerk
thereof to divide by ballot said number of jurors into two panels of petit
jurors, and may take such order for regulating the attendance of said
panels as the said court shall see fit, and the said court may direct tales-
men to be summoned in said cause or causes whenever necessary.

An. Code, sec. 107. 1904, sec. 105. 1888, sec. 100. 1860, ch. 159, sec. 4. 1865, ch. 187.

1868, ch. 180.

114. 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 re-
moved until the first day of the session of the court to which said case shall
be removed.

An. Code, sec. 108. 1904, sec. 106. 1888, sec. 101. 1860, ch. 159, sec. 5. 1865, ch. 187.

1868, ch. 180.

115. Any of the said circuit courts, to which any cause or causes may
be removed under the preceding sections, shall allow such compensation,
not exceeding the sum of forty dollars in any one case, to the state's attor-
ney, 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 court, in addition to 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 authority of the judge. This section and