188 PLEADING, PRACTICE AND PROCESS. ART. 75.]
in the nature of a writ of habere facias possessionem,
reciting therein the proceedings which may have
been had on said process, thereby commanding the
said sheriff, constable, coroner or elisor to deliver
possession of the said lands and tenements to the
purchaser thereof.
In force from March 7,1864.
REMOVAL OF CAUSES.
1865, c. 187 repeals sections 71, 72, 73, 74, 75, 76, 77 and 78, and 1862, c. 174, and
enacts the following in lieu thereof. (See Const 1867, Art. IV, s. 8.)
1865, c. 187.
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74. In all suits or actions at law, issues from the
orphans' courts, or other courts sitting in equity, and
in all presentments or indictments now pending, or
which may be pending at the time of the passage of
this act, or which may be hereafter instituted in any
of the courts in this state, except the court of appeals,
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How cases re-
movable and
proceedings on
removal
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having jurisdiction thereof, the judge or judges there-
of, upon suggesting in writing, if made by the state's
attorney, or the prosecutor for the state, or upon
suggestion in writing, supported by affidavit made
by any of the parties thereto, or whenever any party
to such cause or the counsel of any party shall, by
other proper evidence make it satisfactorily appear
to the court, that such party cannot have a fair and
impartial trial in the court in which such suit or
action, issue or petition, presentment or indictment
is pending, shall order and direct the record of pro-
ceeding in such suit or action, issue, presentment or
indictment, to be transmitted to some other court in
the same, or any adjoining circuit having jurisdiction
in such cases, which said court shall hear and deter-
mine the same in like manner, as if such suit or
action, issue or petition, presentment or indictment
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Proviso.
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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
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