ART. 75. ] PLEADINGS, PRACTICE AND PROCESS. 61

issue, presentment or indictment, to be transmitted to some
other court in the same or any adjoining circuit having juris-
diction in such cases, which said court shall hear and de-
termine the same in like manner, as if such suit or action,
issue or petition, presentment or indictment had been originally
instituted therein; provided, that such suggestion shall be made
before or during the time at which the issue or issues may be
joined in said suit or action, issues, petition, presentment or
indictment, unless the party or parties applying for such re-
moval shall in addition to such affidavits, further state under
oath, that he, she or they had come to such belief, or had been
convinced of that fact since the issue or issues in said cause had
been made, upon which additional statements being made and
filed, the cause shall be removed, notwithstanding the issues had
been made up.

2. When any suit or action, issues, petitions, presentments
or indictments shall be removed according to the provisions
of the preceding section, it shall and may be lawful for the
party at whose instance the said suit or action, issues or petition,
presentment or indictment was not removed, if he, she or they
shall think that justice cannot be done him, her or them in said
court to which said suit or action, issues or petition, present-
ment or indictment has been removed to file an affidavit as pre-
scribed by the preceding section in said court to which said
removal is ordered, suggesting that he, she or they cannot have
justice in such court, whereupon the said court shall remove the
said cause or action, issues or petition, presentment or indictment
to such other court in the same, or any adjoining circuit having
jurisdiction, 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.

3. It shaft be in the power and discretion of the judge, should
he think it proper, to cause a special panel of forty-eight jurors
to be selected to try any cause or causes removed under the pre-
ceding sections of this act, 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 the regulating, attend-