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William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 29   View pdf image (33K)
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                    ALTERATIONS OF THE CONSTITUTION.                    xxix.

Chief Judge, and the other two Associate Judges, of the district for which they
shall be appointed; and the chief judge, together with the two associate judges,
shall compose the county courts in each respective district; and each judge shall
hold his commission during good behaviour, removal for misbehaviour on conviction
in a court of law, or shall be removed by the governor, upon the address
of the general assembly, provided that two-thirds of all the members of
each house concur in such address; and the county courts, so as aforesaid established,
shall have, hold and exercise, in the several counties of this state, all
and every the powers, authorities and jurisdictions, which the county courts of
this state now have, use and exercise, and which shall be hereafter prescribed
by law; and the said county courts established by this act shall respectively
hold their sessions in the several counties at such times and places as the legislature
shall direct and appoint, and the salaries of the said judges shall not be
diminished during the period of their continuance in office.
    2.  AND BE IT ENACTED, That in any suit or action at law hereafter to be
commenced or instituted in any county court of this state, the judges thereof,
upon suggestion, in writing, by either of the parties thereto, supported by affidavit,
or other proper evidence, that a fair and impartial trial cannot be had
in the county court of the county where such suit or action is depending, shall
and may order and direct the record of their proceedings in such suit or action
to be transmitted to the judges of any county court within the district for trial,
and the judges of such county court, to whom the said record shall be transmitted,
shall hear and determine the same in like manner as if such suit or action
had been originally instituted therein; Provided nevertheless, that such suggestion
shall be made as aforesaid before or during the term in which the issue or
issues may be joined in said suit or action; And provided also, that such further
remedy may provided by law in the premises as the legislature shall from time
to time direct and enact.
    3.  AND BE IT ENACTED, That if any party presented or indicted in any of
the county courts of this state, shall suggest, in writing, to the court in which
such prosecution is depending, that a fair and impartial trial cannot be had in
such court, it shall and may be lawful for the said court to order and direct the
record of their proceedings in the said prosecution to be transmitted to the judges
of any adjoining county court for trial, and the judges of such adjoining county
court shall hear and determine the same in the same manner as if such prosecution
had been originally instituted therein; provided that such further and
other remedy may be provided by law in the premises as the legislature may
direct and enact.
    4.  AND BE IT ENACTED, That if the attorney-general, or the prosecutor of the
state, shall suggest, in writing, to any county court before whom an indictment
is or may be depending, that the state cannot have a fair and impartial trial in
such court, it shall and may be lawful for the said court in their discretion, to
order and direct the record of their proceedings in the said prosecution to be
transmitted to the judges of any adjoining county court for trial, and the judges
of such county court shall hear and determine the same as if such prosecution
had been originally instituted therein.
    5.  AND BE IT ENACTED, That there shall be a court of appeals, and the
same shall be composed of the chief judges of the several judicial districts of
the state, which said court of appeals shall hold, use and exercise, all and singular
the powers, authorities and jurisdictions, heretofore held, used and exercised,
by the court of appeals of this state, and also the appellate jurisdiction
heretofore used and exercised by the general court; and the said court of appeals
hereby established shall sit on the western and eastern shores for transacting
and determining the business of the respective shores, at such times and
places as the future legislature of this state shall direct and appoint, and any

 

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William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 29   View pdf image (33K)   << PREVIOUS  NEXT >>


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