ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW. 581

ARTICLE LXIV.
PROCEEDINGS IN ACTIONS AT LAW.

1 Practice, proceedings, and pleadings in courts.

SUMMONS.

2 Summons in civil suits, what it shall state, when returnable 3 When court to enter appearance of de- fendant summoned 4 Where more defendants than one 5 Where party may be sued, proviso, to what actions not to apply. 6 Trespasser removing, executor 7 Captain, master, or owner of steamboat or other vessel

8. Jurisdiction of counties lying on navigable rivers. 9. When devisees may be sued by creditors without making heirs parties. 10 Service of scire facias, or attachment with sci fa clause. 11. Duplicate writs of sci fa against heirs or terre-tenants. 12 Duplicate writs in joint actions against heirs and devisees, where action to be instituted.

EJECTMENT.

13 Declaration in ejectment, copy, with writ- ten notice to be served on defendants, refusal to appear or disclaimer of title; mesne profits 14 Landlord and tenant, when copy of decla- ration cannot be legally served, or tenant not in actual possession, service or affix- ing of declaration to stand, instead of demand and re-entry, judgment for non- appearance, affidavit, when lessee and claimants under lease barred, effect of verdict for defendant, or non-suit of plaintiff, mortgagee of lease 15. Suits where lands contiguous and in ad- joining counties 16 Defendants may sever, one set of plats to be returned 17 Defendants in ejectment. 18 How joint holders may declare

19 Each plaintiff to recover to extent of his title. 20 Patent to be presumed, user and owner- ship evidence of possession, to what titles not to apply. 21 Warrant of resurvey. 22 Same 23. Party applying for warrant to make loca- tion of claim first. 24 In execution of warrant of resurvey, what to be located, when location by protrac- tion to be prima facto evidence 25 Amendments of plats and certificates, wit- nesses 26 Flats not to be deemed pleadings or evi- dence, counter location 27 How lands may be described in ejectment; dower, trespass, or case.

REPLEVIN.

LIEN OF STATE'S SUIT.

30 All lands of debtor to State bound from the issue of the writ, exception.

IN PRIVILEGE.

31 Privilege

ABATEMENT.

32 What actions at law shall not abate by death of parties thereto, how new de- fendants made 33. Proceedings on failure of new defendants to appear 34 Who made parties on death of plaintiff, proceedings 36. Death of new party, or any other party, proceedings

36 New party may use old pleadings, amend- ment. 37 Costs and judgment; where new defendant not to pay debts or costs 38 How heir, etc., resident in a different county, summoned, proceedings 39. How heir, etc, resident out of State, sum- moned, proceedings 40 Marriage of parties.