986

LAWS OF MARYLAND.— 1829.

Instructions
for
conducting.

SEC. 2. And be it enacted, That the said action of ejectment
shall be conducted in all respects, as near as may be in like
manner as other actions of trespass against several defendants,
who sever in their pleadings ; and in particular, every summons
and other process for witnesses, to be issued by the plaintiff,
shall be entitled as in the cause of the said plaintiff against
all the defendants; and the said plaintiff may examine his
said witnesses in the trial of the issues joined between him-
self and any one or more of said defendants ; and if upon the
trial of the issues joined between the plaintiff and any of the
said defendants, severing as aforesaid, an exception shall be
taken to the instruction of the court given to the jury, or to the
refusal of the court to instruct the jury, or any other legal ob-
jection taken to the proceedings, upon which an appeal may be
taken, the county court, before whom the said cause shall be
depending, may, in their discretion, continue all other issues
joined between the said plaintiffs and all other of said defen-
dants, upon the trial of which, like questions may arise, until
the determination of said appeal.

Costs bow
to be taxed.

SEC. 3. And be it enacted, That all costs in said action, which
may appear to be necessary for the trial of said action, as against
any particular defendant severing as aforesaid, shall be considered
and taxed as costs as between the plaintiff and said defendant ;
and that all costs which may be necessary for the trial of said
action, as against several defendants, and which may be charge-
able to the defendants, shall be apportioned by the court justly
and equitably amongst the said defendants.

Location of
lands
having no
certain or
visible
boundaries.

AND WHEREAS, it frequently becomes necessary for parties
in ejectment to locate lands having no certain and visible
boundaries, in several different modes, in order to accommo-
date said locations to the uncertain variation of the compass ;
and whereas, it is doubtful whether a party locating lands
with a certain allowance for variation, can use said location
unless the jury trying the cause shall determine that the allow-
ance made is exactly correct, and a doubt often induces parties
to make many locations of die same tract, with many different
allowances for variation, therefore,

Location
made by
plaintiff, to
be corrected
at bar.

SEC. 4. And be it enacted, That if any plaintiff in ejectment
shall hereafter locate his pretensions, or any part of his preten-
sions, having no certain boundaries at the termination of the
lines thereof, according to the courses and distances, with or
without allowance for variation, and on the trial of the said
cause, the jury shall think that said locations should have been
made with a different allowance for variation, it shall and may
be lawful for the jury, or the surveyor, under the direction of
the court, to correct said locations at bar, and the jury shall
thereupon give their verdict upon all the locations, as corrected ;