THEODORE R. MCKELDIN, GOVERNOR 957

by imprisonment, said Court may sentence such person to
imprisonment in the Maryland Penitentiary; and

WHEREAS, Section 109 of Article 75 of the Annotated
Code of Maryland (1951 Edition), provides for a right of
removal in criminal cases punishable by imprisonment in
the Maryland Penitentiary; and

WHEREAS, it is the intent of the General Assembly of
Maryland that the right of removal provided in Section 109
of Article 75 of the Annotated Code of Maryland (1951
Edition), in cases of pffenses punishable by imprisonment
in the Maryland Penitentiary should apply only to those
offenses where the particular penal statute defining such
offense provides for punishment in the Maryland Peni-
tentiary; and it is not the intent of the General Assembly
that the said right of removal should apply to all offenses
which might be punishable by imprisonment in the Mary-
land Penitentiary as provided by Section 794 of Article 27
of the Annotated Code of Maryland (1951 Edition); now
therefore

SECTION 1. Be it enacted by the General Assembly of
Maryland, That Section 109 of Article 75 of the Annotated
Code of Maryland (1951 Edition), title "Pleading, Practice
and Process At Law, " sub-title "Removal of Causes, " 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and it is hereby repealed and re-enacted, with amendments,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 or indictments for offenses which are or
may be punishable by death or by imprisonment in the
Maryland Penitentiary, as provided in the particular penal
statute defining said offense and not as provided by Sec-
tion 794 of Article 27 of the Annotated Code of Maryland
(1951 Edition), pending in any of the courts of law in this
State having jurisdiction thereof, upon suggestion in writ-
ing, under oath, of either of the parties to said proceedings,
that such party cannot have a fair and impartial trial in
the court in which the same may be pending, the said court
shall order and direct the record of proceedings in such
suit or action, issue, presentment or indictment, to be
transmitted to some other court having jurisdiction in such
case for trial; but in all other cases of presentment or in-
dictment pending in any of the courts of law in this State