466

LAWS OF MARYLAND.

State, having jurisdiction 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 other proper evidence,
that a fair and impartial trial cannot be had in the court
where such suit or action at law, issues, petition or pre-
sentment and indictment is depending, shall order and
direct the record of proceed ings in such suit or action, is-
sues or petition, presentment or indictment, to be trans-
mitted to the, court of any adjoining county, whether
such adjoining county, be within the judicial circuit
or not, for trial, which court shall hear and determine
the same in like manner as if such suit or action,
issues or petition, presentment or indictment had been

Proviso.

originally instituted therein; Provided, that such sug-
gestion shall be made before or during the term in
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 affidavit further state, that
he, she or they had come to such belief, or had
been convinced of thai fact, since the issue or is-
sues in said cause, suit or action had been made up,
on which said additional statement being made and
filed as aforesaid, the said suit or action, issues or peti-
tion, presentment or indictment shall be removed not-
withstanding the said issue or issues in said suit or ac-
tion, issues or petition, presentment or indictment had
been made up.

May remove
to another
county.

SEC. 2. And be it enacted, That when any suit
or action, issues or petitions, presentment or indictment
shall be removed to any adjoining county according to
the provisions of the [provisions of the] first section of
this act, it shall and may be lawful for the party at whose
instance the said suit or action, issues or petitions, pre-
sentment or indictment was not removed, if he, she or
they shall think that justice cannot be done him, her
or them in said county to which said suit or action, is-
sues or petition, presentment or indictment has been
removed, to file an affidavit as is required by the first
section of this act, in said court to which said removal
is ordered, suggesting that he, she or they cannot have
justice in such county, whereupon the said circuit court
shall remove the said cause or action, issues or petition,
presentment or indictment to such adjoining county, as
said circuit court shall think will best tend to justice be-