1126 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.

ing for the continuance shall comply with the provisions of the
two following sections.

C. C. & I. Co. v. McKaig 27 Md. 258. Dean v. Turner. 31 Md. 55. Adams.
Express Co. v. Trego, 35 Md 59. Miller v. Miller, 41 Md. 623. Universal L,
Ins. Co. v. Bacchus, 51 Md. 32. Hopkins v. State, 53 Md. 517.

P. G. L., (1860,) art. 75, sec. 36. 1787, ch. 9, sec. 8-3.

58. 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.

Ibid. sec. 37. 1787, ch. 9, sec. 2-3. 1886, ch, 311.

59. The court may examine on oath a party making the affi-
davit under the preceding section, in regard to the materiality of
the testimony, the probability of procuring the attendance of the
witness in a reasonable time, and on what information or knowl-
edge he believes the witness will prove what he alleges; and if,
on such examination, the court is satisfied of the truth of the
affidavit, and that the testimony is material and competent, a con-
tinuance shall be granted, unless the adverse party will admit
the facts which it is so alleged the absent witness will prove to
be in evidence to the same effect as if said absent witness had
testified thereto, saving, however, to the adverse party the same
right to impeach or contradict said testimony as if said witness,
had been present.

Bryan v. Coursey, 3 Md. 61. Dean v. Turner, 31 Md. 55.

Ibid. sec. 88. 1787, ch 9, secs. 5-6.

60. Where a new trial is granted, or a commission thall issues
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.

Norwood's Lessee v. Owings, 1 H. & J. 296. Harper v. Hampton, 1 H. & J.
686. Munnikuysen v. Dorsett, 2 H. & G. 374. Saddler v. Cox, 2 H. & G. 379.