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47. Award to lie in court four days
before judgment thereon en-
tered; for what causes may be
set aside.
48. Proceedings upon death of either
of the parties.
49. Arbitrator dying or refusing to
act, court to appoint successor.
50. Proceedings if award not returned
within eight months.
51. Proceedings after award is made.
Cases by Consent.
52. Parties may submit issues to a
jury, and agree that upon their
decision a sum of money is to
be paid by one to the other ;
amount, how estimated.
53. Proceedings upon the finding of
the Jury.
54. Parties at any time before judg-
ment may submit questions of
law for the opinion of the court.
55. Parties may agree that upon the
decision by the court a sum of
money is to be paid; amount,
how estimated.
56. "Next friend" or prochein and
may compromise suit for infant;
proviso.
Certiorari.
57. Bond to be given by party obtain-
ing writ.
Continuance.
58. How long cause may be continued.
59. Because of absence of witness.
60. Affidavit for, to contain what
61. Court may examine on oath party
making affidavit; adverse party
may admit the facts such wit-
ness would prove, retaining right
to contradict said testimony.
62. When new trial is granted, or
commission issued or judgment
set aside.
63. When party to a suit dies.
64. Suit involving title to lands where
party dies and an infant is a
proper party to be substituted,
suit not to abate, but guardian
to be made a party.
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65. Infant entitled to lands by pur-
chase only bound to answer suit
when heir would be bound so to
do.
66. In case where attendance of wit-
ness residing within state can
not be had.
67. On a special verdict, or case stated,
court not to continue case more
than two terms.
68. If plats returned in any case are
defective, or fail to be returned
by any accident, court may con-
tinue case.
69. Cost of; by whom paid.
70. Cases when new trial has been or-
dered by court of appeals, pro-
ceedings may be stayed until all
costs are paid.
Ejectment.
71. How begun; proceedings in.
72. Mortgagor may maintain, except
as against mortgagee.
73. Proceedings in cases between land-
lord and tenant.
74. Where suit is to be brought.
75. Defendants may sever; three sets
of plats to be returned.
76. Court to apportion costs where de-
fendants sever.
77. Plaintiffs may declare Jointly.
78. One of Joint plaintiffs may recover
to the extent of his title.
79. Patent not necessary to be proved ;
proof of enclosure no longer
necessary.
80. Warrant of resurvey to be issued
only when there is dispute as
to location.
81. Or where different parcels are
claimed under same title.
82. Party applying for, shall first lo-
cate his claim.
83. How locations shall be made; pro-
ceedings. Trespass q. c. f.
84. Plats and certificates to be amend-
able : witnesses may be examined
who were not sworn on the sur-
vey.
85. Plats not to be considered plead-
ings per se.
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