1860.

LAWS OF MARYLAND.

CHAP. 159

may be pending at the time of the passage of this
act, or which may hereafter be instituted in any of
the courts of Baltimore city having jurisdiction
thereof, the judge or judges thereof, upon sugges-
tion 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
the parties thereto, or other proper evidence that a
fair and impartial trial cannot be had in the court
where such suit or action at law, issue or petition,
presentment or indictment is depending, may order
and direct the record of proceedings in such suit or
action, issues or petition, presentment or indict-
ment, to be transmitted in his or their discretion,
in addition to the courts to which said suit or ac-
tion, issues or petition, presentment or indictment,
may now be removed by law to the Circuit court
for Anne Arundel county, the Circuit court for
Howard county, or to the Circuit court for Harford
county, which said court shall hear and determine
the same in like manner as if such suit or action,
issues or petition, presentment or indictment, had

Proviso.

been originally instituted therein; Provided, that
such suggestion shall be made before or during the
term on which the issue or issues may be joined in
said suit or action, issues or petition, presentment
or indictment, unless the party or parties applying
for such removal shall, in addition to such affi-
davit, 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 case
had been made up, on which said additional state-
ment being made and filed as aforesaid, the said
suit or action, issues or petition, presentment or
indictment, may be removed in the discretion of
the court, in addition to the courts to which they
may now be removed by law, to any one of the
above named counties, notwithstanding the said
issue or issues in said suit or action, issues or peti-
tion, presentment or indictment, had been made up.

Removed
cases may be
further re-
moved.

SEC. 2. Be it enacted, That when any suit or ac-
tion, issues or petition, presentment or indictment,
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, she or they shall think that
justice cannot be done him, her or them in said