2826 ARTICLE 75

Certiorari.

An. Code, 1924, sec. 61. 1912, sec. 57. 1904, sec. 57. 1888, sec. 55. 1816, ch. 187.

1822, ch. 131.

61. Upon the allowance of any writ of certiorari for the removal of
the proceedings by a justice of the peace between landlords and tenants,
and also in all cases of inquest for a forcible entry and detainer, or a
forcible detainer, the party obtaining the said writ of certiorari shall give
bond with security to the opposite party, to be approved by the judge or
clerk of the court allowing the writ, in such penalty as the said judge or
clerk shall direct, conditioned for the payment of all costs and damages
that may be incurred or suffered by the delay of the proceedings, if the
matter in controversy upon such writ shall be decided against the person
obtaining the same.

As to proceedings before a justice of the peace between landlord and tenant, see
art. 53, sec. 1, et seq.

Continuance.

An. Code, 1924, sec. 62. 1912, sec. 58. 1904, sec. 58. 1888, see. 56. 1787, ch. 9, sec. 1.
1806, ch. 41, sec. 1. 1829, ch. 166.

62. No cause shall be continued beyond the second term after process
has been served on the defendant, unless by consent of parties or upon
good cause shown by the party asking the continuance.

The purpose of this section is the orderly and prompt dispatch of business. This
section referred to in upholding judgment of non pros, for failure to reply to plea.
Marsh v. Johns, 49 Md. 570. And see Kent v. McEldery, 9 Gill, 496.

No appeal lies from refusal of court to grant continuance. Hopkins v. State, 53 Md.
517; Universal, etc., Co. v. Bachus, 51 Md. 32; Miller v. Miller, 41 Md. 624; Cumberland,
etc., Co. v. McKaig, 27 Md. 267.

See notes to sec. 63.

An. Code, 1924, sec. 63, 1912, sec. 59. 1904, sec. 59. 1888, sec. 57. 1787, ch. 9, secs. 2, 3, 8.

63. Upon suggestion, supported by the affidavit of the party or some
other credible person, that the evidence of a witness who resides in some
place beyond the limits of this State, or the evidence of a witness residing
within this State is wanting, the court shall continue the cause for such
time as may be deemed necessary to enable the party to procure the atten-
dance or obtain the testimony of such absent witness; provided, the party
applying for the continuance shall comply with the provisions of the two
following sections.

Ordinarily the granting of a discontinuance is in the discretion of the court and is
not appealable. Cumberland, etc., Transit Co. v. Metz, 158 Md. 454.

The granting of a continuance is within sound discretion of trial court, and unless
such discretion is arbitrarily exercised, is not reviewable. This and two following sections
not having been complied with, trial court acted properly in refusing a continuance.
Harris v. State, 141 Md. 530.

An. Code, 1924, sec. 64. 1912, sec. (50. 1904, sec. 60. 1888, sec. 58. 1787, ch. 9, sec. 2, 3.

64. The party applying for a continuance under the preceding section
shall prove by his affidavit, or the affidavit of some other credible person
to be filed in the cause, that the testimony of the absent witness (naming
him) is material, competent and proper in such suit; that he believes that
the cause cannot be tried with justice to the party without such evidence;
that he has used his proper and reasonable endeavors to procure the same
and that he has a reasonable expectation and belief that the same can there-
after be procured in some reasonable time.

See notes to sec. 63.