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69. Court may examine on oath party
making affidavit; adverse party
may admit the facts such wit-
ness would prove, retaining
right to contradict said testi-
mony
60 Continuance when new trial is
granted, or commission issued,
or judgment set aside.
61 Continuance when party to a suit
dies
62 Suit involving title to lands where
party dies and an infant is a
proper party to be substituted,
salt not to abate, but guardian
to be made a party
63. Infant entitled to lands by pur-
chase only bound to answer
suits when heir would be bound
so to do
64. Continuance in case where attend-
ance of witness residing within
State cannot be had.
65. On a special verdict, or case stated,
court not to continue case more
than two terms.
66. If plats returned in any case are
defective, or fail to be returned
by any accident, court may con-
tinue case.
67. Costs of continuance, by whom
paid.
68. Cases when new trial has been or-
dered by court of appeals, pro-
ceedings may be stay ed until all
costs paid.
Ejectment.
69. How begun; proceedings in
70. Proceedings in cases between
landlord and tenant.
71. Where suit to be brought
72. Defendants may sever, one set of
plats to be returned.
69
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73. Court to apportion costs where de-
fendants sever.
74. Plaintiffs may declare jointly.
75. One of joint plaintiffs may recover
to the extent of his title.
76 Patent not necessary to be proved;
proof of enclosure no longer
necessary.
77 Warrant of resurvey to be issued
only when there is dispute as to
location.
78. Or where different parcels are
claimed under same title
79. Party applying for, shall first locate
his claim.
80. How locations shall be made, pro-
ceedings.
81. Plats and certificates to be amend-
able, witnesses may be exam-
ined who were not sworn on
the survey.
82. Plats not to be considered plead-
ings per se.
Equitable Defences.
83. Defendant to be entitled to plead;
commencement of plea.
84. Plaintiff may demur thereto for
want of equity; or reply
85. In what cases court may strike,
out such plea.
Extending Judgments,
86 In what cases court may extend;
in what cases inquisition by
jury is required.
87. Verdict and judgment in suits on
bonds with penalty.
Possession — Writs of.
88. Writ of habere facias possessionem,
how obtained.
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