ART. 75.] PLEADINGS, PRACTICE AND PROCESS. 527

41. 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.

42. 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 ad-
verse party will not admit the facts, or consent to the taking the
deposition of such witness on interrogatories, before some justice
of the peace where the witness resides.

43. On a special verdict, or case stated, the court shall not
continue any case on a curia advisari vult longer than two
terms.

44. If plots returned in any cause are defective, and cannot be
amended at bar, or if plots are not returned from the neglect of
the surveyor, his sickness, or other accident, and the court shall
think a continuance necessary for a fair trial of the cause, the
same may be continued for such reasonable time as the court
may determine.

45. In all cases where a continuance is granted the party
applying for the same shall pay the costs of the term, unless
the court shall otherwise direct.

46. Where a tract of land, or contiguous tracts, lie partly
in one county and partly in another, an action of ejectment
may be brought for the whole land in the Circuit Court of
one of the counties; Provided, if one person is in possession
of the whole of the land, and resides in either of the coun-
ties where the land lies, the action shall be brought in the
county where such person resides, and if the person in pos-
session does not reside in either of the counties, the action
shall be brought in the county where the greater part of the
land lies.

47. In actions brought under the preceding section, the court
shall have the same power to try the same, to order writs of re-
survey and award writs of possession for the whole land, as if
the whole land lay in the county where the court is held, the
writs of possession to go to the sheriffs of the respective coun-
ties, and be by them returned to the court issuing the same, and