LAWS OF MARYLAND— 1767.

247

proof alleged to be material, competent and proper, in such suit,
and really wanting from the trial of the merits between the
parties; and the said courts respectively may also examine the
party applying for a continuance on oath, or affirmation, as to
any fact he shall allege that he expects to prove by the evidence
or testimony declared to be wanting.

SEC. 4. And be it enacted. That in any action of trespass or
ejectment, if plots returned in any cause are defective, or if plots
are not returned from the neglect of the surveyor, or if he is
prevented by sickness, or other accident, from returning the
same, and the said courts shall think a continuance of such
cause necessary for the trial of the merits between the parties,
they may continue such cause for such time as they shall judge
necessary, not exceeding three courts after the usual time of
continuance limited by law, and on such terms as they may
think just and reasonable ; and if plots are not returned from
the neglect of any surveyor, the court may order him to pay the
costs of the term, and they may impose on him such fine as the
circumstances of his neglect may require.

May conti-
nue causes,
&c.

SEC. 5. And be it enacted, That in any case where a verdict
shall be set aside and a new trial granted, and also in any case
where commission shall issue for taking the depositions of wit-
nesses residing or living out of this state, the said courts respec-
tively shall have a discretionary power to continue such cause
for so long a time as they shall judge necessary, not exceeding
four courts after the usual time of continuance limited by law,
and on such terms as they may think just and reasonable.

By 1794, ch. 6, where commissions issue to parts without the United
States, the cause may be continued, (for want of the return thereof,) as long
as the court, under all circumstances, shall, in their discretion, think rea-
sonable.

Where a
verdict
shall be set
aside, &c.

SEC. 6. And be it enacted, That in any case where a judg-
ment shall be set aside for fraud, deceit, surprise or irregularity,
in obtaining the same, the said courts respectively may direct
the continuances to be entered from the court when such judg-
ment was obtained, until the court such judgment shall be set
aside, and may also continue such cause for so long a time as
they shall judge necessary for the trial of the merits between
the parties, not exceeding two courts after such cause hath been
reinstated, unless evidence, or testimony or plots be wanting, as
herein before provided, in which case the cause may still be
continued, but under the limitations herein before made and
provided.

Where
judgment
shall be set
aside, &c.

SEC. 7. And be it enacted, That in all actions where, by the
death of the plaintiff or defendant, new parties are made or to
be made to such actions, the said courts respectively shall have
a discretionary power to continue such actions as long as they

Where new
parties are
made, &c.