354

LAWS OF MARYLAND,

Suits, &c., may
be removed.

74. In all suits or actions at law issued from the
Orphans' Court or other courts sitting in equity
and in all presentments or indictments now
pending, or which may be pending at the time
of the passage of this act, or which, may, be
hereafter instituted in any of the courts, of this
State, except the Court of Appeals, having juris-
diction thereof, the Judge or Judges thereof -upon
suggestion in writing, if made by the State's
Attorney or the prosecutor for the State, or upon
suggestion in writing, supported by affidavit made
by any of the parties thereto, or whenever any
party to such cause or the counsel of any party
shall by other proper evidence make it satisfac-
torily appear to the court that such party cannot
have a fair and impartial trial in the court in
which such suit or action issue, or petition, present-
ment, or indictment is pending, shall order and
direct the record of proceeding in such suit or
action issue, presentment, or indictment to be
transmitted to some othgr court in the same or any
adjoining circuit having jurisdiction in such cases,
which said court shall hear and determine the
same in like manner as if such suit or action,

Proviso.

issue or petition, presentment or indictment had
been originally instituted therein; provided, that
such suggestion shall be made before or during
the time at which the issue or issues may be joined
in said suit or action, issues, petition, presentment
or indictment unless the party or patties applying
for such removal shall in addition to such affida-
vits, further state under oath, that he, she or they
had come to such, belief, or had been convinced of
that fact since the issue or issues in said cause had
been made, upon which additional statements
being made and filed, the cause shall be removed,
notwithstanding the issues had been made up.

Right of par-
ty in case of
removal.

75. That when any suit or action, issues, peti-
tions, presentments or indictments, shall be re-
moved according to the provisions of the preced-
ing 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, 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 peti-
tion, presentment or indictment has been removed