1682 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75
tion in cases when all the judges of said court may be dis-
qualified, under the provisions of the constitution, to sit in any
such case; and said court to which the record of proceedings
in such suit or action, issue, presentment or indictment may
be so transmitted, shall hear and determine the same in like
manner as if such suit or action, issue, presentment or indict-
ment had been originally instituted therein.
Queen v. Neale, 3 H. & J. 158. Michael v. Schroeder. 4 H. & J. 227. State
v. Dashiell, 6 H. & J. 268. Cromwell v. State, 12 G. & J. 257. Price v. State
8 Gill, 309. Townshend v. Townshend, 9 Gill, 506. Stewart v. State, 1 Md.
134. State v. Manly, 1 Md. 141. Negro Jerry v. Townshend, 2 Md. 278.
Wright v. Hamner, 5 Md. 370. State v. Shillinger, 6 Md. 449. Manly v.
State, 7 Md. 135. Raab v. State, 7 Md. 483. Hoshall v. Hoffacker, 11 Md.
362. M. & C. C. of Balto, v. Co. Commrs, of Balto. Co., 19 Md. 554. Griffin
v. Leslie, 20 Md. 18 Gardner v. State, 25 Md. 146. Price v. Nesbitt. 29 Md.
256. Deford v. State, 30 Md. 179. State v. Gore, 32 Md. 498. Kimball v.
Harman, 34 Md. 401. Adams Express Co. v. Trego, 35 Md. 47 Sittig v.
Blrkestack, 38 Md 158. Seth v. Chamberlain, 41 Md. 186. Cooke v. Cooke,
41 Md. 362. N. C. R. W. Co. v. Hutlege, 41 Md. 372. Geekie v. Harbourd,
52 Md. 461. Trayhem v. Hamill, 53 Md 92. Weiskittle v. State, 58 Md. 155.
Murguiondo v. Frazier, 63 Md. 95. Thomas v. Levering, 73 Md. 461. Belair
v. State, 74 Md. 297 Caledonian Fire Ins. Co. v. Traub, 86 Md. 86.
1888, art. 75, sec. 98. 1868, ch 180. 1874, ch. 364.
103. When any suit or action, issues or petition, present-
ment or indictment for offenses which are or may be punisha-
ble by death 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 shall think
that justice cannot be done him in said court to which said
suit or action, issues or petition, presentment or indictment
has been removed, to file an affidavit, as prescribed by the
preceding section, in said court to which said removal is
ordered, suggesting that he 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 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, presentment or indict-
ment. When any presentment or indictment for offenses which
are not or may not be punishable by death shall be ordered to
be removed under the provisions of the preceding section na
removal shall be ordered by the court to which the same shall
have been removed, upon the application of the party at whose
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