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LAWS OF MARYLAND.

CHAPTER 364.

AN ACT to amend section eight of article four, of

the Constitution of the State of Maryland.

Amendment to

SECTION 1. Be it enacted by the. General Assembly of

the Constitu-

Maryland, three-fifths of all the members of the two

tion

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

May submit to
the court.

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

Cannot have
fair trial

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-

It shall be

sary for the party making such suggestion to make it

necessary

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

Such right

right of removal shall exist upon suggestion in cases

shall exist.

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-