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WILLIAM SMALLWOOD, Esq; Governor.
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: |
1787.
CHAP.
IX. |
II. Be it 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, 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 reasonable 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 testimony,
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. |
No action
shall be continued,
&c. |
III. 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 proof alleged to be material, competent and proper, in
such
suit, and really wanting for 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. |
Courts may
examine, &c. |
IV. And be it
enacted, That in any action of trespass or ejectment, if plots
returned in any case 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. |
Court may
continue
cause, &c. if
plots are defective,
&c. |
V. 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 witnesses residing or living out of this state, the
said courts
respectively 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. |
And where a
verdict shall
be set aside,
&c. |
VI. And be it
enacted, That in any case where a judgment 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
judgment 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 for
fraud, &c.
may direct
continuances
to be entered,
&c. |
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