ART. 75.] PLEADINGS, PRACTICE AND PROCESS. 529

issue, except in cases where the parties claim different parcels
under the same title, and it appears to the court there is a dispute
about the location of the divisional line or lines.

55. Where the court shall consider a warrant of re-survey
necessary, if the same be had at the instance of the defendant,
or is made necessary by the defence taken in such case, the de-
fendant shall first make his survey; and if the warrant be had
at the instance of the plaintiff, he shall first make his survey;
and if it shall appear to the court at the trial of the cause that a
survey was not necessary, then the party requiring the same
shall pay all the costs of the surveys.

56. Where surveys and plats are necessary, the line or lines
(the location of which is disputed) may be located without
locating the whole tract; so where lines of a neighboring tract
are necessary for proof or illustration, such line or lines may be
located without locating the whole tract.

57. The plats and certificates of survey in every case may be
amended at bar; where the locations do not correspond with
the variation, the same may be amended at bar to correspond
therewith; objects to which the proof applies may be placed on
the plats, and witnesses may be examined who were not sworn
on the survey, and a witness may be shown to be interested
without locating his interest on the plats; Provided, the court
shall be satisfied the ends of justice will be attained by such
amendment of plats, and admission of witnesses.

58. In no action shall plats be considered as pleadings or evi-
dence per so; nor shall any counter location be necessary to put
the party locating any tract, line or object, on the proof of such
location; and the opposite party may controvert the same
without any counter location.

59. The court upon return of any writ of feplevin shall have
power, upon motion being made by the defendant for a return of
the property .taken under the writ, to inquire into the circum-
stances and manner of the defendant's obtaining possession of
such property, and if it shall appear that such possession was
forcibly or fraudulently obtained, or that the possession being first
in the plaintiff was got or retained by the defendant without
proper authority or right derived from the plaintiff, the court may
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