ART. 75.] PRACTICE—CERTIORARI—CONTINUANCE. 1125

such judgment shall have all the effect and incidents of other
judgments at law; in case there shall be no agreement with
regard to costs, they shall be governed by the law applying to

costs in other actions at law.

Certiorari.

P. G L., (1860,) art. 75, sec. 61. 1816, ch. 187. 1822, ch. 131.

55. Upon the allowance of any writ of certiorari for the
jemoval 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.

Proprietary v. Brown, 1 H. & McH 428. Rawlings v. Rawlings, 3 H. &
McH. 438. State v. Duvall, 4 H & McH. 4.

Continuance.

P. G. L., (1860,) art. 75, sec. 34. 1787, ch. 9, sec. 1. 1806, ch. 41, sec. 1.
1829, ch. 166.

56. 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 con-
tinuance.

Briscoe v. Ward, 1 H. & J. 165. Norwood v. Owings, 1 H. & J. 296. Ridgely

v. Campbell, 1 H. & J. 452. Dyson v. West, 1 H. & J. 567. Harper v. Hamp-
ton, 1 H. & J. 622. Kent v.McElderry, 9 Gill, 495. Marsh v. Johns, 49 Md. 570.

Ibid. sec. 35. 1787, ch. 9, secs. 2, 8,8.

57. 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 attendance or obtain
the testimony of such absent witness; provided, the party apply-