ART. 75.] PLEADING, PRACTICE AND PROCESS.

said cause had been made, upon which additional state-
ments being made and filed, the cause shall be removed,
notwithstanding the issues had been made up.

173

75. When any suit or action, issues, petitions, pre-
sentment 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 affida-
vit as prescribed 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, where-
upon the said court shall remove the said cause, suit or
action, issues or petition, presentment or indictment, to
such other court (and of a different circuit if the party
applying shall so elect) having jurisdiction in such
cases as the said court shall think will best tend to jus-
tice between the parties to the said suit or action, issues
or petition, presentment or indictment.

Further remo-
val.

76. It shall be in the power and discretion of the
judge or judges, should he or they think it proper, to

Power of
judges.

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 removed under the preceding 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 regulating
the attendance of said panels as the said court shall see
fit, and the said court may direct talesmen to be sum-
moned in said cause or causes whenever necessary.

Special panel.

77. In all criminal cases removed as aforesaid, where
the party or parties to be tried therein are detained in
jail, the party or parties so detained shall not be removed
until the first day of the session of the court to which
said case shall be removed.

Time of remo-
val in criminal
cases.

78. The judge or judges of any of the said circuit
courts to which any cause or causes may be removed
12

Compensation
to state's attor-
ney.