2828 ARTICLE 75

term after the death is suggested, unless by consent of parties, or testi-
mony or plats are wanting.

This section referred to in upholding a suit against a party who was at the time
deceased, where his administrators appeared to the action. Young v. Citizens' Bank,
31 Md, 70.

An. Code, 1924, sec. 68. 1912, sec. 64. 1904, sec. 64. 1888, sec. 62. 1785, ch. 80, sec. 2.

1888, ch. 116.

68. Where a party in any action to recover lands, or in which the title
thereof is involved, shall die and the proper person to be made a party in
place of the person so dying shall be an infant, such action shall not abate
or be suspended until the infant or infants attain full age of twenty-one
years; but the actual guardian may and shall be made a party to prose-
cute or defend, and if there be no actual guardian the court, on the motion
of any party to the suit, shall appoint a guardian ad litem, and the case
shall proceed as if all parties were of full age, and this section shall apply
to pending cases.

Prior to the act of 1888, ch. 116, this section constituted an exception to sec. 29.
The two sections construed together. Tise v. Shaw, 68 Md. 6.

See art. 72A.

An. Code, 1924, sec. 69. 1912, sec. 65. 1904, sec. 65. 1888, sec. 63. 1729, ch. 24, sec. 16.

69. If any infant is entitled to lands by purchase, he shall not be
obliged to answer any suit or action, except in cases where the heir would
be bound by law to answer.

Cited but not construed in Tessier v. Wyse, 3 Bl. 43; Watkins v. Worthington, 2
Bl. 519; Hammond' v. Hammond, 2 Bl. 335; Campbell's Case, 2 Bl. 225.

An. Code, 1924, sec. 70. 1912, sec. 66. 1904, sec. 66. 1888, sec. 64. 1787, ch. 9, sec. 8.

70. In any case where the attendance of a witness residing within
this State to a material fact cannot be procured, the case may be continued
as long as the court thinks proper, if the adverse party will not admit that
such absent witness would testify to such facts as provided in section 65
or consent to the taking the deposition of such witness on interrogatories
before some justice of the peace where the witness resides.

An. Code, 1924, sec. 71. 1912, sec. 67. 1904, sec. 67. 1888, sec. 65. 1787, ch. 9, sec. 9.

71. On a special verdict, or case stated, the court shall not continue
any case on a curia advisari vult longer than two terms.

An. Code, 1924, sec. 72. 1912, sec. 68. 1904, sec. 68. 1888, sec. 66. 1787, ch. 9, sec. 4.

72. If plots returned in any cause are defective and cannot be amended
at the bar, or if plots are not returned from the neglect of the surveyor,
his sickness or other accident, and the court shall think a continuance
necessary for a fair trial of the cause, the same may be continued for such
reasonable time as the court may determine.

An. Code, 1924, sec. 73. 1912, sec. 69. 1904, sec. 69. 1888, sec. 67. 1787, ch. 9, sec. 2.

73. In all cases where a continuance is granted the party applying
for the same shall pay the costs of the term unless the court shall other-
wise direct.