422

LAWS OF MARYLAND.

granted to the conveyance of certain property by the Trustees
of the German Lutheran Presbyterian Church of Baltimore
county, to Charles W. Lantz, by deed, bearing date- the twenty-
first day of August, 1894, and recorded among the Land Rec-
ords of Baltimore county in Liber L. M. B., No. 206, folio
185, &c.

Effective.

SEC. 2. And be it enacted, That this act shall take effect
from the date of its passage.

Approved April 4, 1896.

CHAPTER 229.

AN ACT to amend Article 26 of the Code of Public General
Laws, title " Courts," by the addition of a new section under
the sub-title "Removal of Cases from Courts of Law to
Courts of Equity, and vice versa," to be known as section 42,
and to come immediately after section 41.

New section.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Article 26 of the Code of Public General Laws,
title " Courts," be, and the same is hereby amended by the addi-
tion thereto of a new section under the sub-title " Removal of
Cases from Courts of Law to Courts of Equity, and vice versa,"
to be known as section 42, and to come immediately after sec-
tion 41, and to read as follows :

Removal of
cases.

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 presid-
ing, 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