612

PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.

Id s 35
1789, c 9, ss.
2, 3, 8
Continuance for
absence of
witness
31 Md 52.
35 Md 48

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

Id s 36

1787, c 9, ss 2, 3
Affidavit

98. 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 jus-
tice 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 thereafter be
procured in some reasonable time.

Id s 37
1787, c 9, ss 2, 3
Court may
examine party
making
affidavit.

99. The court may examine, on oath, a party making the affidavit
under the preceding section, as it regards the materiality of the tes-
timony, the probability of procuring the attendance of the witness
in a reasonable time, and on what information or knowledge he be-
lieves the witness will prove what he alleges, and if on such exami-
nation the court is satisfied of the truth of the affidavit, and that

Id s 38
1787, c 9, ss 5, 6
In what cases
continuance
discretionary
16 Md 318, 18
Md 130, 19 Md.
580, 32 Md 460,
37 Md 336, 39
Md 258, 47 Md.
282

the testimony is material, a continuance shall be granted, unless the
adverse party will admit the truth of the facts which it is so alleged
the absent witness will prove.
100. Where a new trial is granted, or a commission shall issue
for the taking of testimony, or where a judgment shall be set aside
for fraud or irregularity, the court may continue the cause so long
as they shall deem necessary for a trial of the same on its merits.

Id s. 39
1787, c 9, s 7
Continuance on
suggestion of
death.
31 Md 66

101. Where a party to a suit dies, and new parties are made, or
to be made, the court may continue the case so long as may be
deemed necessary for the due administration of justice, not exceed-
ing the end of the fourth court after the death is suggested, unless
by consent of parties, or testimony or plats are wanting.

Id s 40
1785, c 80, s 2
Continuance
during infancy
of new party,
heir

102. Where a party in any action brought to recover lands, or
in which the title thereof is involved, shall die, and the proper per-
son to be made a party in the place of the person so dying, shall be
an infant, such action shall not be tried during such infancy, unless
the guardian or next friend of such infant satisfy the court that, it
will be for the benefit of the infant to have the action tried during
his infancy, but the action may be continued until the infant arrives
at age.

Id s 41
1785, c 80, s 2.
Infant entitled
by purchase to
same continu-
ance as heir

103, 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.