the lands so sued for, and said sheriff shall also have
power to execute a writ of habere facias possessionem
for all of said lands.
SEC. 55. Where a warrant of resurvey shall be
issued in any action of ejectment or other action, the
party applying for such warrant shall first make the
location of his claim and pretention, and such other
location as he may think necessary to bring' the cause
fairly to trial.
SEC. 56. It shall not be necessary in the execution
of any warrant of resurvey to locate by actual
survey the whole of any tract or parcel of land,
but it shall be sufficient to locate by actual sur-
vey the beginning, or any call or other object by
which the location of the tract may be proved,
and such portion of lines connected therewith as
may be necessary to show the parts of the land
in controversy, and the questions to be tried and
proved by witnesses to be examined in the cause,
and such lines as may be necessary to connect and'
illustrate the points or objects to he proved; and all'
other lines and objects may be located by protrac-
tion upon the plats, if directed so to be, by the party
making the survey, but the other party may require
any other objects or lines to be located by actual sur-
vey or protraction, if he shall desire the same: and
such location by protraction, when made by either
party, shall be prima facie evidence of the correct- -
ness of any object or line so located, unless the same
shall be differently located by actual survey; hut all
locations by protraction shall be made by course and
distance, according to the description of the lands so
located, to be shown and proved by some patent,
deed or other title paper to be given in evidence,
and shall be connected by the course and distance
of some title paper or other competent evidence,
with lines and objects located by actual survey; and
if either party shall make any surveys or locations S
which the court in its discretion should think unne-1
cessary, then the party requiring the same shall pay
the cost thereof, and any party to the suit may give
in evidence any patent, deed or other paper, which
would be competent evidence in the cause, of it shall
36
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Party to
make locati'n
of his claim.
Not necesa'ry
To connect
and illustrate
Prima facie
evidence.
Surveys of
locations.
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