144 COURTS. [ ART. 26

1890, ch. 95.

35. It shall be the duty of any crier appointed by the Court of
Appeals to be in attendance at the rooms of said court every day
in the year, legal holidays and Sundays excepted; and he shall
receive for his services one thousand dollars per annum, payable
in quarterly instalments; and whenever in the judgment of said
court the attendance or services of a sheriff may be required in
said court, the judges thereof may direct a sheriff to attend or
perform such services, for which attendance and services the said
sheriff shall be entitled to a per diem of three dollars and fifty
cents; and the judges of said court shall, at the end of each
session of the said court, give such sheriff a certificate of the
number of days for which he is entitled to said per diem.

1892, ch. 353. 1894, ch. 255.

35 A. The judges of the Court of Appeals are authorized to
appoint a messenger to the court, and he shall receive one thous-
and dollars, to be paid to him in quarterly instalments.

Removal of Cases from Courts of Law to Courts of Equity.

1896, ch. 229.

42. In every case at law or in equity in which it shall appear
that the plaintiff is entitled to some relief or to some remedy,
but not in the particular court, or on the side of the court in
which the suit is brought or the relief is prayed, the plaintiff
shall not on that account be non-suited or the case dismissed;
but the case may, in the discretion of the judge presiding in the
court in which the suit is pending, at any time, in any action at
law, before the jury retire to consider their verdict, or in a suit
in equity, before the final decree is signed, be removed by an
order in writing signed by the judge or judges there presiding,
to such proper court or docket, either of equity or law, in the
same county or city, as the nature thereof may require, and
thereupon such proceedings shall be had, by amendment of the
pleadings and otherwise, as shall conform the case to the course
of the court to which the same shall have been removed under
such general or special rules as each of such courts may prescribe
for the adjustment of costs, the prevention of delay and the
promotion of justice.