ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW.

613

J04, In any case where the attendance of a witness residing
within this State to a material fact cannot be procured, the case may
be continued as long as the court thinks proper, if the adverse party
will not admit the facts, or consent to the taking the deposition of

Id s 42
1787, c 9, s 8
Continuance for
absence of
witness within
State

such witness on interrogatories, before some justice of the peace
where the witness resides
105. On a special verdict, or case stated, the court shall not
continue any case on a curia advisari vult longer than two terms.

Id s 43

1787, c 9, 8 9
On special
verdict or case
stated

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

Id s 44
1787, c 9 s 4.
Defective plots
or want of plots.

107, In all cases where a continuance is granted, the party ap-
plying for the same shall pay the costs of the term, unless the court
shall otherwise direct.

Id s 45.
1787, c 9, s 2
Costs

REMOVAL OF CAUSES.

108. In all suits or actions at law, issues from the Orphans'
Court, or other courts sitting in equity, and in all presentments or
indictments, instituted in any of the courts of this State, except the
Court of Appeals, having jurisdiction thereof, the judge or judges
thereof, upon suggestion in writing, if made by the State's attorney,
or the prosecutor for the State, or upon suggestion in writing sup-
ported by affidavit made by any of the parties thereto, or whenever
any party to such cause or the counsel of any party shall, by other
proper evidence, make it satisfactorily appear to the court such
party cannot have a fair and impartial trial in the court in which
such suit or action, issue or petition, presentment or indictment is
pending, or when the judges of said court shall be disqualified under
the provisions of the Constitution to sit in any such suit, action,
issue, or petition, presentment or indictment, shall order and direct

Const art 4, s 8
1868, c 180
When causes
may be removed
and how
19 Md 554, 20
Md 15, 25 Md
146, 29 Md 264,
30 Md 1711, 32
Md 498. 34 Md
402, 3G Md 229,
37 Md 618, 38
Md 158.

the record of proceedings in such suit, action, issue, or petition, pre-
sentment or indictment, to be transmitted to some other court, and
of a different circuit, if the party applying shall so elect, having
jurisdiction in such cases, which said court shall hear and determine
the same in like manner as if such suit or action, issue or petition,
presentment or indictment had been originally instituted therein;

Proceedings.

provided, that such suggestion shall be made before or during the
time at which the issue or issues may be joined in said suit or
action, issues, petition, presentment, or indictment, unless the party
or parties applying for such removal shall, in addition to such affi-
davits as have herein already been provided for, further state under
oath, that he, she, or they had come to such belief, or been con-
vinced of that fact since the issue or issues in said cause had been
made, upon which additional statements being made and filed,

Proviso