Theodore R. McKeldin, Governor      315

CHAPTER 69
(Senate Bill 17)

AN ACT to repeal and re-enact, with amendments, Section
109 of Article 75 of the Annotated Code of Maryland
(1951 Edition—being the same section in the 1939 Edi-
tion), title "Pleadings, Practice and Process of Law,"
sub-title "Removal of Cases," providing for the removal
of criminal cases where the penalty on conviction is or
may be by confinement in the Penitentiary.

Section 1. Be it enacted by the General Assembly of
Maryland, That Section 109 of Article 75 of the Anno-
tated Code of Maryland (1951 Edition—being the same
section in the 1939 Edition), title "Pleadings, Practice and
Process of Law," sub-title "Removal of Cases," be and it
is hereby repealed and re-enacted, with amendments, to
read as follows:

109. The parties to any cause may submit the same to
the court for determination without the aid of the jury;
and in all suits or actions at law, issues from the orphans'
court, or from any court sitting in equity, and in all cases
of presentments of indictments for offenses which are or
may be punishable by death or by imprisonment in the
Maryland Penitentiary, pending in any of the courts of
law in this State having jurisdiction thereof, upon sugges-
tion in writing, under oath, of either of the parties to said
proceedings, that such party cannot have a fair and im-
partial trial in the court in which the same may be pend-
ing, the said court shall order and direct the record of pro-
ceedings in such suit or action, issue, presentment or in-
dictment, to be transmitted to some other court having
jurisdiction in such case for trial; but in all other cases of
presentment or indictment pending in any of the courts of
law in this State having jurisdiction thereof, in addition
to the suggestion in writing of either of the parties to
such presentment or indictment that such party cannot
have a fair and impartial trial in the court in which the
same may be pending, it shall be necessary for the party
making such suggestion to make it satisfactorily appear
to the court that such suggestion is true, or that there is

Explanation: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.