ART. 75.] PRACTICE—CONTINUANCE. 1127

Hall v. Sewell, 9 Gill, 154. Bridendolph v. Zellers, 3 Md. 325. Ibid , 5 Md.
58. Katz v. Moore, 13 Md. 566. Gardner v. Jenkins, 14 Md 62. Sherwood v.
Mohler, 14 Md. 564. Green v. Hamilton, 16 Md. 318. Kemp v. Cook, 18 Md.
130. Montgomery v. Murphy, 19 Md. 580. King v. Hicks, 32 Md. 460. John-
son v. Lemmon, 37 Md. 336. Craig v. Wroth, 47 Md. 283. Bond v. Citizens'
Bank, 65 Md. 499.

P. G. L., (1860,) art. 75, sec. 39. 1787, ch, 9, sec. 7.

61. 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
exceeding the end of the fourth term after the death is
suggested, unless by consent of parties, or testimony or plats are
wanting.

Young v. Citizens' Bank, 31 Md. 66.

Ibid. sec. 40. 1785, ch. 80, sec. 2. 1888, ch. 116.

62. Where a party in any action to recover lands, or in which
the title thereof is involved, shall die, and the proper person to
be made a party in place of the person so dying shall be on
infant, such action shall not abate or be suspended until the
infant or infants attain full age of twenty-one years; but the actual
guardian may and shall be made a party to prosecute or defend,
and if there be no actual guardian the court, on the motion of
any party to the suit, shall appoint a guardian ad litem, and the
case shall proceed as if all parties were of full age, and this sec-
tion shall apply to pending cases.

Ibid. sec. 41. 1729, ch. 24, sec. 16.

63. 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.

Ibid. sec. 42. 1787, ch. 9, sec. 8.

64. 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 that such absent witness would testify
to such facts as provided in section 59, or consent to the taking