528 PLEADINGS, PBACTICE AND PROCESS. [ART. 75.

the survey shall be made by the surveyor of the county where
the action is brought.

48. In any action of ejectment against two or more defendants,
they may sever in their defence; but if plats be necessary, there
shall be but one set returned, which shall show the claims and
pretensions of all the parties.

49. Where defendants in ejectment sever in their defence, the
court shall apportion the. costs in such manner as may seem
reasonable and just.

50. In all cases of a joint holding by two or more persons, they
may declare on a joint demise whether they hold as joint tenants,
tenants in common, or in any other manner.

51. If on the trial of an ejectment, title be shown in any of
the lessors of the plaintiff, it shall be sufficient to authorize him
to recover to the extent of such title, though other lessors may
be joined who have no interest, or may have parted with their
interest.

52. In all actions at law where the title to land is in question, it
shall not be necessary for any party to any such action to prove
that the lands in controversy have been patented; but a patent
shall in all cases be presumed in favor of the party showing a title
otherwise good; and actual enclosure shall not be necessary to
prove possession, but acts of exclusive user and ownership other
than enclosure may be given in evidence to the jury, to prove
possession; Provided, that nothing contained in this section shall
affect for the period of fifteen years any previously existing laws
relating to the title to lands held in any part of the State, which
were granted for military service.

53. No warrant of re-survey shall issue in any action of eject-
ment, unless the court shall be satisfied that there is a dispute
about the location of the lands claimed in said action, nor shall
any issue in other actions, unless there is a dispute about the
location of the lands for the injury of which damages are
claimed, or unless the court shall be satisfied that plats are neces-
sary for illustration.

54. In any action where the parties hold or claim under the
same title the lands in dispute, no warrant of re-survey shall