426

LAWS OF MARYLAND.

before some other justice of the same district,
or before some justice of the district where the
defendant or one of the defendants resides, and
at or before the return day of the summons or
writ of replevin, or upon the arrest of the de-

Defendant
may remove
case.

fendant and the return of the writ or warrant,
the defendant may notify the justice before
whom the return is made that he elects to have
the case removed before some other justice for
trial, and thereupon such justice shall transmit
the papers in the case, with a copy of his docket
entries therein, to some other justice of the same
district, or if there is no other justice in the
same district qualified or able to act, then before
some justice in an adjoining district, or in any
case he may remove the same before some jus-
tice of the district where the defendant or one
of the defendants resides ; but on the day first
fixed for trial either party may appear before
the justice about to try the case, and make oath
that he does not believe he can have an impar-
tial trial before such justice, and thereupon such
justice shall transmit the papers, with a copy of
the docket entries, to some other justice of the
same district, or if there be no other justice in
the same district qualified or able to act, then to
some justice of an adjoining district, or in any
case, upon such affidavit, he may transmit the
papers to some justice of election district, num-
ber seven, of said county, for trial ; and when-

No postpone-
ment unless
for good rea-
sons.

ever a case has been removed, either upon the
return day or upon affidavit being made as afore-
said, the case shall stand for trial on the eighth
day from the day of removal, or if the eighth
day falls on Sunday, then on the seventh day
therefrom, unless the parties shall agree upon a
different day, and the justice shall enter the day
for such trial on his docket, and no postpone-
ment upon or after the first day fixed for trial
shall be allowed, unless for the purpose of re-
moval, or for some other good and sufficient
reason shown to the justice, or upon the consent
of the parties, and unless the parties agree no
postponement shall be granted for more than
fourteen days at one time ; provided that when-
ever a case is removed to some justice of an
adjoining district, the fact shall be conclusive