ART. 75] CONTINUANCE. 1665

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 applying for the continuance shall comply with the pro-
visions 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

1888, art. 75, sec. 58. 1860, art. 75, sec. 36 1787, ch. 9, secs 2, 3.

60. The party applying for a continuance under the preced-
ing section shall prove by his affidavit, or the affidavit of some
other credible person to be filed in the cause, that the testi-
mony of the absent witness (naming him) is material, compe-
tent 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 thereafter be procured in some reasonable
time.

Ibid. sec. 59 1860, art. 75, sec 37. 1787, ch. 9, secs. 2, 3 1886, ch. 311.

61. The court may examine on oath a party making the
affidavit 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
knowledge 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 compe-
tent, a continuance 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. 60. 1860, art. 75, sec. 38 1787, ch. 9, secs. 5, 6.

62. Where a new trial is granted, or a commission shall
issue 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.