ART. 75.] AMENDMENT—ARBITRATION AND AWARD. 1121

P. G. L., (1860,) art. 75, sec. 81. 1853, ch. 177, sec. 11.

42. Nothing in the preceding sections of this article relating
to amendments shall affect any plea of limitations, in abatement,
to the jurisdiction, or other dilatory plea.

Oliver v.Gray, 1 H. & G. 215. Wall v. Wall, 2 H. & G. 79. Kunkel v.
Spooner, 9 Md 462. Farmers' Bank v. Sprigg, 11 Md. 389. Eschbach v. Bay-
ley, 28 Md. 495. Griffin v. Moore, 43 Md. 246.

Ibid, sec 82. 1785, ch. 60, sec. 4. 1809, ch. 153, sec. 1.

43. Where an amendment is allowed after the jury is sworn,
and the court shall consider a continuance necessary to a fair
trial of the cause, a juror shall be withdrawn; but if the court
considers that a continuance is not necessary to a fair admin-
istration of justice, the jury may proceed and try the case
after the amendment.

Garrett v. Dickinson, 19 Md. 499.

Ibid. sec. 33. 1785, ch. 80, sec. 4. 1809, ch. 168, sec. 1.

44. In all cases of amendment, the allowance of costs shall be
in the discretion of the court.
Spencer v. Trafford, 42 Md. 1.

Arbitration and Award.

P. G. L., (1860,) art. 7, sec. 1. 1778, ch. 21, sec. 8.

45. Any cause instituted in any of the courts of this State may,
by rule of court and by consent and agreement of the parties
thereto, be submitted and referred to the award and arbitrament
of any person or persons, and the court may give judgment on
the award of the person or persons to whom such submission and
reference shall be made, as of the term to which said award shall
be returned, and award execution thereon as upon verdict, con-
fession or nonsuit.

West v. Stigar, 1 H. & McH. 247. Oliver v. Heap, 2 H & McH. 477. Til-
lard's Lessee v. Fisher, 3 H. & McH. 118. Whetcroft v. Dorsey, 3 H. & McH.
357. Dorsey v. State, 3 H. & McH. 388. Hardy v. Moore, 3 H. & McH. 389.
Bowie v. State, 3 H. & McH. 408. Howard v. Warfield's Admr , 4 H. & McH,
21. Somerville v. Trueman, 4 H. & McH. 46. Duvall v. Wells, 4 H. & McH.
164. West v. Stigar, 4 H & McH. 490. Yates v. Petty, 1 H. & J. 58. Gold-
smith v. Tilly, 1 H. & J 631. Selby v. Gibson, 1 H. & J. 362 (note a). Harris
v. Dorsey, 1 H. & J. 416. Fisher v. State, 1 H. & J. 416. Walsh v. Gilmor, 8

71