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52. Proceedings upon death of either of
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75. During session of Legislature, cases
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parties.
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of attorney, member thereof, shall
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53. Arbitrator dying or refusing to act,
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be continued unless this section
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court to appoint successor.
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waived.
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54. Proceedings if award not returned
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within eight months.
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Ejectment.
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55. Proceedings after award made.
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76. How begun; proceedings in.
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Cases by Consent.
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77. Mortgagor may maintain, except as
against mortgagee.
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56. Parties may submit issues to jury, and
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78. Proceedings in cases between landlord
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agree that upon their decision money
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and tenant.
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to be paid by one to other; amount,
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79. Where suit brought.
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how estimated.
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80. Defendants may sever; three sets of
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57. Proceedings upon finding of jury.
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plats to be returned.
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58. Parties at any time before judgment
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81. Court to apportion costs where defen-
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may submit questions of law for
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dants sever.
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opinion of court.
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82. Plaintiffs may declare jointly.
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59. Parties may agree that upon decision
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83. One of joint plaintiffs may recover to
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by court a sum of money is to be
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extent of his title.
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paid; amount, how estimated.
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84. Patent not necessary to be proved;
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60. "Next friend" or prochein ami may
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proof of enclosure no longer neces-
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compromise suit for infant; proviso.
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sary.
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85. Warrant of resurvey to be issued only
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Certiorari.
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when there is dispute as to location.
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61. Bond given by party obtaining writ.
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86. Or when different parcels are claimed
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under same 'title.
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Continuance.
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87. Party applying- for, shall first locate
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62. How long cause continued.
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his claim.
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63. Because of absence of witness.
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88. How locations shall be made; pro-
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64. Affidavit for, to contain what.
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ceedings. Trespass q. c. f.
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65. Court may examine on oath party
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89. Plats and certificates amendable; wit-
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making affidavit; adverse party may
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nesses may be examined who were
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admit facts such witness would
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not sworn on survey.
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prove, retaining right to contradict
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90. Plats not to be considered pleadings
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said testimony.
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per se.
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66. When new trial granted, or commis-
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sion issued or judgment set aside.
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Equitable Defenses.
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67. When party to suit dies.
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91. Defendant entitled to plead; com-
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68. Suit involving title to lands where
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mencement of plea.
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party dies and infant is proper party
to be substituted, suit not to abate,
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92. Plaintiff may demur thereto for want
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but guardian made party.
69. Infant entitled to lands by purchase
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of equity; or reply.
93. In what cases court may strike out
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only bound to answer suit when heir
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such plea.
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so bound.
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70. In case where attendance of witness
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Extending Judgments.
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residing within state cannot be had.
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94. In what cases court may extend; in
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71. On a special verdict, or case stated,
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what cases inquisition by jury is
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court not to continue case more
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required.
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than two terms.
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95. Verdict and judgment in suits on
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72. If plats returned in any case are defec-
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bonds with penalty.
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tive, or fail to be returned by acci-
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dent, court may continue case.
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Legal Sufficiency of Evidence.
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73. Cost of; by whom paid.
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96. Defendant may offer evidence though
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74. Cases when new trial ordered by court
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court reject prayer at end of plain-
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of appeals, proceedings may be
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tiff's case that plaintiff has offered
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stayed until all costs paid.
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no evidence legally sufficient, etc.
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