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LAWS OF MARYLAND.— 1787.

CHAPTER 9.

An ACT respecting the continuance of Civil Suits in the general and
county courts.
A supplement, 1794, ch. 6.

Preamble.

WHEREAS, by law no action can be continued in the general
court beyond the end of the fourth court after the appearance
court, except only in causes where evidences are wanted from
beyond sea: And whereas by law no action can be continued in
any county court beyond the end of the third court after the
appearance court, u nless on affidavit that testimony material is
wanting: And whereas the said courts respectively ought to
have a discretionary power to continue causes, under certain
circumstances, as long as they may think absolutely necessary
for the due and full administration of justice between parties;
By 1796, ch. 43, sec. H, the continuance is limited in the county courts
to the end of the first court after the imparlanee court, unless further con-
tinued by consent, &c.
By 1806, ch. 41, sec. 1, no action to continue longer than the end of the
first court after the imparlance court.

No action
shall be
continued,
&c.

SEC. 2. Be if enacted by the General Assembly of Maryland,
That no action shall be continued beyond the time limited by
law on the suggestion that evidence is wanting from some other
of the United States, or from beyond sea, but the general court,
and any county court, may, in their discretion, continue any
action depending in their respective courts, on its appearing to
their full satisfaction, by the oath or affirmation of the party, or
some other credible person, in writing, that a witness, (who shall
be named,) or testimony material, competent and proper in such
suit, is really wanting from some other of the United States, or
from beyond sea, and that the party alleging the same to be
wanting, or his attorney or agent, hath used his proper and rea-
sonable endeavours to procure the same, and that the party, or
such other credible person, verily believes that the cause cannot
be tried with justice to the party without such evidence or tes-
timony, and that he has a reasonable expectation and belief that
the same can be thereafter procured in some reasonable time, of
which time the said courts shall determine, unless the court, on
examination of the party or parties shall be of opinion that the
fact to be proved by such testimony is immaterial, or the adverse
party will admit the truth of such allegation or fact thought
material, or necessary to be proved, in either of which cases the
trial shall proceed, or the cause be discontinued with costs to
the party requiring no delay.

Courts may
examine,

&c.

SEC. 3, And, to enable the said courts respectively to guard
as far as possible against the continuance of any cause for delay
only, Be it enacted, That they may examine into the nature of
the action, and the ground or cause of delay, and also into the