LAWS OF MARYLAND.— 1785.

233

to the truth thereof, or unless the defendant, being heir, execu-
tor or administrator, of the person alleged to have made the
deed, obtain leave from the court, upon shewing just cause, to
put in such plea.

.

SEC. 4. And be it enacted, That the courts of law shall have
full power and authority to order and allow amendments to be
made in all proceedings whatsoever before verdict, so as to bring
the merits of the question between the parties fairly to trial ; and
if amendment is made after the jury is sworn, a juror shall be
withdrawn ; and in all cases where amendments are made, the
adverse party shall have time allowed him, in the discretion of
the court, to prepare to support his case upon the state of the
proceeding so amended, and such costs shall be allowed the
party against whom such amendment may be made as the court
shall think just.
This section is re-enacted, almost in totendum verbis, by 1809, ch. 153.
SEC. 5. Superseded by 1790, ch. 42, which was superseded by 1806, ch.
90, sec. 1.

Court may
order and
allow
amend-
ments, &c.

SEC. 6. And be it enacted, That in all cases of appeals, or
writs of error, hereafter brought or prosecuted by any defen-
dant or person grieved by any judgment, and the judgment of
the inferior court, upon the merits of the question between the
parties, and not upon the form of proceeding, be reversed, the
court reversing such judgment shall award costs incurred by
the defendant, or person grieved by such judgment, both in the
superior and inferior courts, to be paid by the plaintiff or person
against whom such writ of error or appeal be prosecuted, and
judgment shall be entered in the court determining such appeal
or writ of error for the costs aforesaid, and execution may issue
for the same from such court.
SEC. 7, 8, 9, 10, are merged in 1798, ch. 101, and its supplements.

On appeals,
&c. court
may award
costs, &c.

SEC. 11. And be it enacted, That all causes referred by con-
sent of parties and rule of court, shall be continued until an
award is returned, and if a death of either of the parties happen
before an award returned and judgment thereon, such cause
shall not abate by the death, but upon reasonable notice to the
person or persons succeeding to the interest of or respecting the
deceased in the thing or matter in contest, and not being a
minor, the arbitrators shall proceed to a determination, and
return their award, upon which judgment may be entered by
the court, and such judgment shall be good and sufficient in
law, notwithstanding the death of either of the parties; and in
case any arbitrator or arbitrators appointed by the parties upon
any reference aforesaid should die, or refuse to act, the court
from which such cause was referred shall, upon motion of either
of the parties, appoint an arbitrator or arbitrators in the stead of
30

Causes
referred,
&c. shall be
continued,
&c.