614

PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.

the cause shall be removed, notwithstanding the issues had been
made up.

1868, c180
Further remo-
val
29 Md 269.

109. When any suit or action, issues, petitions, presentment, or
indictments shall be removed according to the provisions of the pre-
ceding section, it shall and may be lawful for the party at whose in-
stance the said suit or action, issues or petition, presentment or in-
dictment was 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, presentment or indictment has been re-
moved, to file an affidavit 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, whereupon 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 justice
between the parties to the said suit or action, issues or petition, pre-
sentment or indictment.

1868, c 180
Power of judges.

Special panel.

110. It shall be in the power and discretion of the judge or
judges, should he or 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 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 summoned in said cause or causes whenever neces-
sary.

1808, c 180.
Time of remo-
val in criminal
cases

111. 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.

1868, c 180
Compensation
to State's attor-
ney

112. The judge or judges of 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 attorney, for his services
in appearing to or trying said cause or causes, as the said judge or
judges 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

Art 75, 6 79
1806, c 90, s. 9,
1853, c. 10
Transcripts of
removed causes
remanded for
amendment

113. If it shall appear to any court to which any civil or crimi-
nal case has been removed, that the transcript of the record in said
case is not a true transcript of the record or proceedings had in
the court from which the said case has been removed, it shall be the
duty of the Court to which the case has been removed forthwith to
order and direct that the said imperfect transcript shall be delivered
to the clerk of the court from which the same was sent, and it shall
be the duty of said clerk receiving such transcript so to him re-