ART. IV] JUDICIARY DEPARTMENT. 71

The fact that a judge was counsel in a case theretofore tried between
two of the parties to the bill, which involved some of the issues in the
pending case, does not bring him within the letter or spirit of this section.
Blackburn v. Craufurd, 22 Md. 458.

The meaning of this section (as it stood in the constitution of 1851) was
that a judge who has been counsel for either of the parties is prohibited.
from trying the case, but not necessarily from authorizing mere matters
of form tending to the preparation of the case for trial, such as the
issue of commissions, particularly if the judge acts in the last named
matters in the absence of all objection. Object of this section. Bucking-
ham 17. Davis, 9 Md. 328.

This section disqualifies a judge from sitting where his right to the
office is involved. Magruder v. Swann, 25 Md. 205.

Sec. 8. The parties to any cause may submit the same to the court
for determination, without the aid of a jury; and the Judge, or Judges
of any Court of this State, except the Court of Appeals, shall order and
direct the record of proceedings in any suit or action, issue or petition,
presentment or indictment, pending in such court, to be transmitted to
some other court, (and of a different circuit, if the party applying shall
so elect,) having jurisdiction in such cases, whenever any party to such
cause, or the counsel of any party, shall make a suggestion, in writing,
supported by the affidavit of such party or his counsel, or other proper
evidence, that the party cannot have a fair or impartial trial in the
court in which suit, or action, issue or petition, presentment or indict-
ment jp pending, or when the Judges of said court shall be disqualified
under the provisions of this Constitution to sit in any such suit, action,
issue or petition, presentment or indictment; and the General Assembly
shall make such modification of existing Law as may be necessary to
regulate and give force to this provision.

[Sec. 8. The parties to any cause may submit the same to the
Court for determination without the aid of a 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
offences which are or may be punishable by death pending in any of
the Courts of Law of this State having jurisdiction thereof, upon
suggestion 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 Suit or Action, Issue, Present-
ment or Indictment, to be transmitted to some other Court having juris-
diction 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 can-
not have a fair and impartial trial in the Court 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 transmitted to some other Court hav-