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Session Laws, 1963
Volume 671, Page 1227   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1229

Sec. 11. And be it further enacted, That Sections 18 and 19 of
Article 51 of the Code, title "Juries", sub-title "Qualification and
Selection of Jurors", be and they are hereby repealed and re-enacted,
with amendments, to read as follows:

18.

In all criminal cases called for trial in any court in which a jury
shall be necessary, according to the Constitution and laws of this
State, other than cases in which the offense charged is punishable by
death or confinement in the penitentiary,
twenty persons from the
panel of petit jurors shall be drawn by ballot by the clerk under the
direction of the court, and the names of the twenty persons shall be
written upon two lists, and one of said lists forthwith delivered to
the respective parties or their counsel in the cause; and the said
parties or their counsel shall each be permitted four peremptory
challenges in accordance with Rule 746 of the Maryland Rules of
Procedure
[may each strike out four persons from the said lists]
and the remaining twelve persons shall thereupon be immediately
empaneled and sworn as the petit jury in such cause. If the trial is
for an offense punishable by death or confinement in the penitentiary,
such additional names shall be added to the panel of petit jurors as
may be necessary to enable the parties to exercise their right of
peremptory challenge in accordance with Rule 746 of the Maryland
Rules of Procedure.

19.

If the said parties or their counsel, or either of them, shall neglect
or refuse to strike out from the said lists the number of persons
directed in [§ 18] Rule 746 of the Maryland Rules of Procedure,
the court may direct the clerk to strike out from the list of the
party so neglecting or refusing the number in said Rule [section]
directed, and the remaining twelve persons shall be empaneled and
sworn as aforesaid; but this Section and [§ 18] the said Rule
746
shall not take away the right of any person to challenge the
array or polls of any panel returned in the manner allowed by the
laws of this State.

Sec. 12. And be it further enacted, That a new Section SEC-
TIONS 15A AND 15B be added to Article 75 of the Code, title
"Pleadings, Practice and Process at Law", sub-title "III. Practice",
sub-heading "Abatement and Revivor", to follow immediately after
Section 15 thereof and to read as follows:

15A. NO ACTION OF EJECTMENT, WASTE, PARTITION,
DOWER, REPLEVIN, OR ANY PERSONAL ACTION SHALL
ABATE BY THE DEATH OF EITHER OR ANY OF THE PAR-
TIES TO SUCH ACTION. THIS SECTION SHALL NOT APPLY
TO ACTIONS OF SLANDER. THIS SECTION SHALL BE
RETROACTIVE SO AS TO APPLY TO THE DEATH OF ANY
PARTY PRIOR TO THE EFFECTIVE DATE HEREOF.

15A. B.

No action brought to recover damages for injuries to the person by
negligence or default shall abate by reason of the death of the plain-
tiff, but the personal representatives of the deceased may be sub-


 

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Session Laws, 1963
Volume 671, Page 1227   View pdf image (33K)
 Jump to  
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