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Amendments to Maryland Constitutions
Volume 380, Page 121   View pdf image (33K)
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CHAPTER 864.
AN ACT to amend section eight of article four, of
the Constitution of the State of Maryland.
SECTION 1. Be it enacted by the General Assembly of
Maryland, three-fifths of all the members of the two
Houses concurring, That the following section be and
the same is hereby proposed as an amendment to
the Constitution of this State, and if adopted by the
legal and qualified voters thereof, as provided, it may
be the same to supercede and stand in the place of
section eight of article four of said Constitution.
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 indict-
ments for offences, which are or may be punishable
by death, pending in any of the courts of law in this
State, having jurisdiction thereof, upon suggestion
in writing under oath of either of the parties to said
proceedings, 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,
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 indict-
ment 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 neces-
sary 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,
having jurisdiction in such cases, for trial; and such
right of removal shall exist upon suggestion in cases
when all the judges of said court may be disqualified
under the provisions of this Constitution to sit in any
such case; and said court to which the record of pro-


 
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Amendments to Maryland Constitutions
Volume 380, Page 121   View pdf image (33K)
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