1829.
LAWS
OF MARYLAND.
CHAP. 186.
|
unless the court shall be satisfied that the ends
of
justice require that a continuance shall be granted.
|
Erroneous locations
made by defendant,
corrected
at bar.
Proviso.
|
Sec. 5. And be it enacted,
That if any defendant in ejectment
has located, or shall hereafter locate, the lands, or any part of
the lands, for which defence is, or shall be taken according to
the courses and distances thereof, with or without allowance
for variation, and on the trial of the cause, the jury shall
think that said locations should be made with a different allowance
for variation, it shall and may be lawful for the jury, or
the surveyor, under direction of the court, to correct said locations
at bar, and the jury shall thereupon give their verdict
upon all said locations as corrected; Provided, that said corrected
locations shall not enlarge or extend the defendant's
pretensions as against the plaintiff, and no continuance shall
be granted on account of said corrections, unless it shall appear
to the court that the ends of justice require that a continuance
shall be granted.
|
Location made
for illustration by
any party to ejectment
may be corrected
at bar.
|
Sec. 6. And be it enacted,
That if any of the parties to any
action of ejectment, now or hereafter to be depending in any
county court of this State, shall locate or have located, any
lands for illustration, according to the courses and distances
thereof, with or without allowance for variation, and on the
trial of the cause the jury shall think said location should be
made with a different allowance for variation, it shall and may
be lawful for the jury or surveyor under direction of the
court to correct said locations at bar, and the jury shall thereupon
give their verdict upon all said locations as corrected,
and no continuance shall be granted on account of said corrections
unless it shall appear to the court that the ends of justice
require that a continuance shall be granted.
|
Partial surveys
directed.
|
Sec. 7. And be it enacted,
That if any of the parties to an
ejectment, now or hereafter to be depending in any county
court in this state, shall have located or shall hereafter locate
any tract or parcel of land, as parcel of his or their pretensions
or for illustration, and it shall become necessary for any
party or parties to locate any one or more of the courses of
said parcel of land in a different manner, the said party or parties
in ending to adopt and abide by the location of the remaining
course or courses of said parcel of land as already laid
down on the plots, it shall not be necessary or lawful for the
said party or parties to relocate the said remaining course or
courses, but the said party or parties in his or their instructions
shall designate the course or courses which is or are to
be located with different aspects, and also shall designate the
course or courses already made, which he or they mean to
adopt and abide by as part or parts of said new location; and
it shall be the duty of the surveyor to locate said additional
courses as directed, and he shall not locate again the said remaining
courses which are already located, nor shall he change
fees as if the said courses had again been located; and a location
|
|
 |
