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CONSTITUTION OF 1867
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PROPOSED CONSTITUTION OF 1968
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such degrees as now are, or may hereafter
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be prescribed by Law, or where he shall
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have been of counsel in the case.
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Sec. 8. The parties to any cause may
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Section 1.08. Removal of Criminal Cases.
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submit the same to the Court for deter-
mination without the aid of a jury, and
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In a case involving a crime punishable by
death or life imprisonment, after suggestion
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in all suits or actions, at law issues from
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in writing under oath by either party that
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the Orphans' Court, or from any court sit-
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the party cannot have a fair and impartial
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ting in equity and in all cases of Present-
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trial in the county where the case is pending,
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ments or indictments for offences, which
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the court shall order the case removed to an-
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are or may be punishable by death, pend-
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other county for trial. Other criminal cases
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ing in any of the courts of law in this
State having jurisdiction thereof upon sug-
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may be removed only as permitted by the
Court of Appeals by rule or by the General
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gestion in writing under oath of either of
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Assembly by law.
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the parties to said proceedings that such
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party cannot have a fair and impartial
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trial in the court in which the same may
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be pending, the said court shall order and
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direct the record of proceedings in such suit
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or action, issue presentment, or indictment,
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to be transmitted to some other court having
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jurisdiction in such case for trial, but in
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all other cases of presentment or indictment,
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pending in any of the Courts of law in
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this State having jurisdiction thereof, in
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addition to the suggestion in writing of
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either of the parties to such presentment
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or indictment that such party cannot have
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a fair and impartial trial in the court
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in which the same may be pending, it shall
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be necessary for the party making such
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suggestion to make it satisfactorily appear
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to the Court that such suggestion is true,
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or that thera, is reasonable ground for the
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same, and thereupon the said court shall
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order and direct the record of proceedings
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in such presentment or indictment to be
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transmitted to some other Court having
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jurisdiction in such cases for trial and such
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right of removal shall exist upon suggestion
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in cases where all the Judges of said Court
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may be disqualified under the provisions
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of this Constitution to sit in any such case
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and said Court to which the record of pro-
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ceedings in such suit, or action, issue, pre-
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sentment or indictment may be so trans-
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mitted shall hear and determine the same
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in like manner as if such suit or action,
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issue, presentment or indictment had been
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originally instituted therein, and the Gen-
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eral Assembly shall make such modification
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of existing law as may be necessary to
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regulate and give force to this provision.
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Sec. 9. The Judge, et Judges of any
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Section 5.31. Administration of judicial Sys-
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Court, may appoint such officers for their
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tem.
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respective Courts as may be found necessary;
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The chief judge of the Court of Appeals
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and such officers of the Courts in the City of
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shall be the administrative head of the judi-
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