ART. 75] CONTINUANCE. 1665

ad litem, and the case shall proceed as if all parties were of full age,
and this section shall apply to pending cases.

Prior to the act of 1888, ch. 116, this section constituted an exception to
section 25. The two sections construed together. Tise v. Shaw, 68 Md. 6.

1904. art. 75, sec. 65. 1888, art. 75, sec. 63. 1860, art. 75, sec. 41.
1729, ch. 24, sec. 16.

65. If any infant is entitled to lands by purchase, he shall not be
obliged to answer any suit or action, except in cases where the heir
would be bound by law to answer.

Cited but not construed in Tessier v. Wyse, 3 Bl. 43; Watkins v. Worthing-
ton, 2 Bl. 519; Hammond v. Hammond, 2 Bl. 335; Campbell's Case, 2 Bl. 225.

Ibid. sec. 66. 1888, art. 75, sec. 64. 1860, art. 75, sec. 42.
1787, ch. 9. sec. 8.

66. In any case where the attendance of a witness residing within
this State to a material fact cannot be procured, the case may be con-
tinued as long as the court thinks proper, if the adverse party will not
admit that such absent witness would testify to such facts as provided
in section 61 or consent to the taking the deposition of such witness on
interrogatories before some justice of the peace where the witness
resides.

Ibid. sec. 67. 1888, art. 75, sec. 65. 1860, art. 75, sec. 43.
1787, ch. 9, sec. 9.

67. On a special verdict, or case stated, the court shall not continue
any case on a curia advisari vult longer than two terms.

Ibid. sec. 68. 1888, art 75, sec. 66. 1860, art. 75, sec. 44.
1787, ch. 9, sec. 4.

68. If plots returned in any cause are defective and cannot be
amended at the bar, or if plots are not returned from the neglect of the
surveyor, his sickness or other accident, and the court shall think a con-
tinuance necessary for a fair trial of the cause, the same may be con-
tinued for such reasonable time as the court may determine.

Ibid. sec. 69. 1888. art. 75, sec. 67. 1860, art. 75, sec. 45.
1787, ch. 9, sec. 2.

69. In all cases where a continuance is granted the party applying
for the same shall pay the costs of the term unless the court shall other-
wise direct.

Ibid. sec. 70. 1888, art. 75, sec. 68. 1888, ch. 271.

70. The court in which an action shall be after a new trial has been
ordered by the court of appeals, or by that court, shall have power to
stay all further proceedings in such action until all or any of the costs
adjudged by the court of appeals, or by that court, shall have been paid
by the party adjudged to pay the same.

This section is constitutional and valid. Knee v. Baltimore, etc. Ry Co
87 Md. 623.

This section vests a discretion in the lower court, and Its action will not
be reviewed on appeal in the absence of an abuse of such discretion. Brins-
field v. Howeth, 110 Md. 525; Knee v. Baltimore, etc., Ry. Co., 87 Md. 624.