THOMAS KING CARROLL,
ESQ. GOVERNOR.
1829.
manner as other actions of trespass against several
defendants,
who sever in their pleadings; and in particular, every
summons and other process for witnesses, to be issued by the
plaintiff, shall be entitled, as in the cause of the said plaintiff
against all the defendants; and the said plaintiff may examine
his said witnesses in the trial of the issues joined between
himself and any one or more of said defendants; and if upon
the trial of the issues joined between the plaintiff and any of
the said defendants, severing as aforesaid, an exception shall
be taken to the instruction of the court given to the jury, or
to the refusal of the court to instruct the jury, or any other
legal objection taken to the proceedings, upon which an appeal
may be taken, the county court, before whom the said
cause shall be depending, may, in their discretion, continue
all other issues joined between the said plaintiffs and all other
of said defendants, upon the trial of which, like questions,
may arise, until the determination of said appeal.
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CHAP. 186.
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Sec. 3. And be it enacted,
That all costs in said action,
which may appear to be necessary for the trial or said action,
as against any particular defendant, severing as aforesaid,
shall be considered and taxes as costs as between the plaintiff
and said defendant; and that all costs which may be necessary
for the trial of said action, as against several defendants, and
which may be chargeable to the defendants, shall be apportioned
by the court justly and equitably amongst the said defendants.
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Costs, how to be
taxed.
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AND WHEREAS, it frequently becomes necessary
for parties
in ejectment to locate lands having no certain and visible
boundaries, in several different modes, in order to accommodate
said locations to the uncertain variation of the compass;
and whereas, it is doubtful whether a party locating lands
with a certain allowance for variation, can use said location
unless the jury trying the cause shall determine that the allowance
made is exactly correct, and a doubt often induces parties
to make many locations of the same tract, with many different
allowances for variation, therefore,
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Location of lands
having no certain
or visible boundaries.
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Sec. 4. Be it enacted, That
if any plaintiff in ejectment shall
hereafter locate his pretensions, or any part of his pretensions,
having no certain boundaries at the termination of the lines
thereof, according to the courses and distances, with or with
out allowance for variation, and on the trial of the said cause,
the jury shall think that said locations should have been made
with a different allowance for variation, it shall and may be
lawful for the jury, or the surveyor, under the direction of the
court, to correct said locations at bar, and the jury shall
thereupon give their verdict upon all the locations, as corrected;
Provided, that said corrected location shall not enlarge the
plaintiffs pretensions as against the defendant or defendants,
and no continuance shall be granted on account of said corrections,
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Location made by
plaintiff, to be corrected
at bar.
Proviso.
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