ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW.

premises, countervailing the arrears then due, and that the lessor or
landlord had power to re-enter, then, and in every such case, the
lessor or landlord shall recover judgment and execution in the same
manner as if the rent in arrear bad been legally demanded, and a
re-entry made; and in case the lessee or his assignee, or other per-
son, claiming or deriving under the said lease, shall permit and
suffer judgment to be had and recovered on such trial in ejectment,
and execution to be executed thereon, without paying the rent in
arrears, together with full costs, and without proceeding for relief
in equity within sis calendar months after such execution executed;
and in every such case the said lessee, his assignee, and all other

589

persons claiming and deriving under the said lease, shall be barred
and foreclosed from all relief or remedy in law or equity, other than
by bringing error or appeal for reversal of such judgment, in case
the same shall be erroneous, and the said lessor or landlord shall
from thenceforth hold the same demised premises discharged from

When lessee
and claimants
under leases
barred

such lease; and if, on such ejectment, a verdict shall pass for the
defendant, or the plaintiff shall be nonsuited therein, then, and in
every such case, the defendant shall have and recover his costs;
provided, that nothing herein contained shall extend to bar the right

Effect of verdict
for defendant,
or non-unit of
plaintiff

of any mortgagee of such lease, or any part thereof, who shall not
be in possession, so as such mortgagee shall and do, within six cal-
endar months after such judgment obtained and execution executed,
pay all costs and damage sustained by such lessor or person entitled
to the remainder or reversion as aforesaid, and perform all the cov-
enants and agreements which, on the part and behalf of the first
lessee, are and ought to be performed.

Mortgagee of
lease

15. When the lands sued for lie contiguous to each other and
in adjoining counties, suit may be brought for the whole in any of
said counties in which any of the defendants reside; and if none
of the defendants reside in any of said counties, then the suit may
be brought in the county where the largest part of the land lies, and
the sheriff and surveyor of the county in which the suit is brought
shall have power to execute and return the warrant of resurvey of
all 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.

Id s 47
Suite where
lands contigu-
ous and in
adjoining
counties

1 G. In any action of ejectment against two or more defendants,
they may sever in their defence; but, if plats be necessary, there
shall be but one set returned, which shall show the claims and pre-
tensions of all parties.

Art 75, s 48.
1829, c 186, s 1
Defendants
may sever
One set of plats
to be returned

17. Where defendants in ejectment sever in their defence, the
court shall apportion the costs in such manner as may seem reason-
able and just.

Id s 49
1829, c 186, s. 1
Costs in sever-
ance

18. In all cases of a joint holding by two or more persons they
may declare jointly whether they hold as joint tenants, tenants in
common, or in any other manner.

Id s 50
1833, c 276, s 1
How joint hold-
ers may declare

19. If, on the trial of an ejectment, title be shown in any of the
plaintiffs, it shall be sufficient to authorize him to recover to the ex-

Id s 51
1833, c 276, s. 3
Each plaintiff to
recover to