PLEADINGS, PRACTICE AND PROCESS AT LAW 2847

An. Code, 1924, sec. 110. 1912, 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.

Where case removed without opportunity of inspecting record, but papers were re-
manded to court of original jurisdiction for such inspection, the court could then pass
further orders, including orders modifying or revoking previous orders for removal. Lee
v. State, 161 Md. 438.

See notes to sec. 109.

1933 (Special Sess.), ch. 17.

111. In all cases where a suggestion in writing under oath of either
of the parties to the proceeding is made in any cases of presentments or
indictments for offenses which are or may be punishable by death pending
in any of the Courts of Law of this state that such party cannot get a fair
and impartial trial in the Court in which the same may be pending, it
shall not be necessary to make and transmit a copy of said proceedings,
but the Clerk of the Court in which such suggestion is filed, shall forth-
with upon the filing of an order of removal, made in pursuance of the pro-
visions of Article 4, Section 8 of the Constitution of the State of Mary-
land, notify counsel for all parties interested in writing forthwith that the
docket entries, original papers and exhibits filed with said Clerk in said
cause are open to them for inspection, and said counsel shall have four days
on which said Clerk's Office is open for business, excluding the day on
which said notice was sent, within which to examine said docket entries,
original papers and exhibits, and a transcript of the record of testimony
taken, if any, and upon the fifth day said Clerk of said Court (unless a
Judge having jurisdiction in said Circuit otherwise orders and directs)
shall transmit the record in said cause to the Clerk of the Court to which
the record has been ordered to be removed; said record to comprise and to
consist of the original indictment or information, the original exhibits and
the originals of all other papers filed in said cause with said Clerk, a
transcript of the testimony, if any, and a copy of the docket entries.
Whereupon, as soon as said record, as aforesaid, has been received by the
Clerk of the Court to which said case has been removed, said cause shall
stand for trial. The Clerk of the Court to which such cause is removed
shall receipt to the Clerk of the Court in which the suggestion of removal
was made for said original papers, and shall return the same to the latter
Clerk as soon as they have served their purpose in the trial of said cause
in the Court to which the same was removed. In the event of a second
removal by the opposite party to said cause under the provisions of said
Article 4, Section 8, of the Constitution of Maryland, and Section 109 of
this Article 75 of said Code, the like proceedings shall be had, and the like
record transmitted as is herein provided above.