| 1785.
CHAP.
LXXX. |
LAWS of MARYLAND.
upon just cause to be shewn, to suffer any proceeding by the plaintiff
or
the defendant to be corrected or altered, and also shall have full
power
and authority to make, and cause to be executed, such rules and orders
in
the case, and to direct such proceedings therein, as may be judged
necessary
and proper to bring the merits of the question between the parties
fairly to trial; and in all such cases such judgment shall be given as
if the
action had been originally brought by the plaintiff or plaintiffs to appearing,
or summoned to appear, as aforesaid, and the costs accruing before the
death shall be taxed as part of the costs in the action; and if the person
appearing as aforesaid, shall die before trial and judgment had in the
case,
the heir, devisee, executor or administrator, of the person so appearing
as
aforesaid, or the executor or administrator of the deceased, as the case
may require, or other proper person to prosecute such suit, may appear
or
be compelled to appear as aforesaid, and there shall be such proceeding,
judgment, and costs taxed as aforesaid, and so quoties toties until there
be
a trial and judgment had in the case; and in all cases of death of the
plaintiff, after the appearance of the defendant's heir, devisee, executor
or
administrator, or other proper person to defend as aforesaid, and all cases
of death of the defendant after appearance of the plaintiff's heir, devisee,
executor, administrator, or other proper person to prosecute such suit,
shall be taken and considered as within the meaning and provision of this
act; and in case there be no appearance or proceeding by either party
in
any case aforesaid, before the tenth day of the second court after the
death
shall be suggested, then the action shall be struck off the docket and
discontinued. |
Actions, on
the death of
either party,
the heir being
an infant, shall
not be tried,
&c. |
II. Provided
always, and be it enacted, That in case any action be
brought to recover any lands, tenements or hereditaments, or involve the
the title thereof, and upon the death of either plaintiff or defendant
as aforesaid,
the heir or devisee of the deceased, or other person interested in such
lands, tenements or hereditaments, be an infant under the age of twenty-one
years, and it shall so appear to the court, such action shall not be tried
during such minority, unless the guardian, or next friend of such infant,
satisfy the court that it will be for the benefit of the infant to have
such
action tried during such minority, but such action may be continued at
the instance and request of the surviving party, until such infant arrives
to the age of twenty-one years, and then such proceedings may be had to
bring such action to trial and judgment, according to the nature of the
case, as are herein before mentioned, or such surviving party may order
the
said action to be entered abated, if the court are not satisfied as aforesaid
that it ought to be tried during the minority aforesaid. |
Plea of non est
factum shall
not be received,
&c. |
III. And be
it enacted, That the plea of non est factum shall not be
received in any action brought, or hereafter to be brought, unless the
party for whom such plea shall be tendered, verify the same by affidavit,
or affirmation, as the case may be, to the truth thereof, or unless the
defendant, being heir, executor 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. |
Courts may
order and allow
amendments
in all
proceedings,
&c. |
IV. 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. |
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