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Session Laws, 1963
Volume 671, Page 1228   View pdf image (33K)
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1230                             LAWS OF MARYLAND                        [CH. 558

stituted as plaintiff and prosecute the suit to final judgment and
satisfaction. This Section shall be retroactive so as to apply to the
death of any plaintiff prior to the effective date hereof.

Sec. 13. And be it further enacted, That a new Section 18 be
added to Article 75 of the Code, title "Pleadings, Practice and Process
at Law", sub-title "III. Practice", sub-heading "Arbitration and
Award", to follow immediately after Section 17 thereof, to read as
follows:

18.

If the death of either of the parties happens before an award is
returned and judgment thereon, the cause shall not abate, but upon
reasonable notice to the person succeeding to the interest of the de-
ceased in the matter in contest, and not being a minor, the arbitrators
shall proceed to a determination and return their award, upon which
judgment may be entered notwithstanding the death of either of the
parties. This Section shall be retroactive so as to apply to the death of
any party prior to the effective date hereof.

Sec. 14. And be it further enacted, That Section 44 of Article 75
of the Code, title "Pleadings, Practice and Process at Law", sub-title
"III. Practice", sub-heading "Removal of Causes", be and it is hereby
repealed and re-enacted, with amendments, to read as follows:

44.

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
denning said offense and not as provided by § 706 of Article
27 of the Annotated Code of Maryland,] pending in any of the
courts of law in this State having jurisdiction thereof, upon sug-
gestion in writing, under oath, of either of the parties to said pro-
ceedings, 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 suits 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 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 courts
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 reasonable ground for
the same; and thereupon the said court shall order and direct the
record of proceedings in such presentment or indictment to be trans-
mitted to some other court having jurisdiction in such cases for
trial; and such right of removal shall exist upon suggestion in cases
where all the judges of said court may be disqualified, under the
provisions of the constitution, to sit in any such case; and said court
to which the record of proceedings in such suit or action, issue,
presentment or indictment may be so transmitted, shall hear and

 

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Session Laws, 1963
Volume 671, Page 1228   View pdf image (33K)
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