E. LOUIS LOWE, ESQUIRE, GOVERNOR.

1852.

of re-survey be had at the instance of the plaintiff, he
shall first make his survey, and if it shall appear to the
court at the trial of the cause, that a survey was not
necessary, then the party requiring the same shall pay
all the cost of the surveys.

CHAP. 177.

SEC. 6. And be it enacted, That where surveys and
plats are necessary, the line or lines, the location of
which is disputed, may be located without locating the
whole tract, so where the lines of a neighboring tract
are necessary for proof or illustration, such line or lines
may be located without locating the whole tract.

Lines may be
located with-
out locating
whole tract.

SEC. 7. And be it enacted, That the plots and
certificates of survey in every case, may be amended
at bar, and objects to which the proof applies, may be
placed on the plots, and witnesses may be examined
who were not sworn on the survey, and a witness may
be shown to be interested without locating his interest

Plots and cer-
tificates of
survey, may
be amended at
bar, &c.

on the plats; Provided, the court shall be satisfied,
the ends of justice will be attained by such amendment

of plots and admission of witnesses.

Proviso.

SEC. 8. And be it enacted, That in no action shall
plats be considered as pleadings or evidence per se; nor
shall any counter location be necessary to put the party
locating any tract, line or object, on the proof of such
location, and the opposite party may controvert the
same without any counter location.

Counter lo-
cation.

SEC. 9. And be it enacted, That no continuance
shall be granted upon amendments of the plots, writs
or any of the proceedings, but the case shall proceed
as if no amendment had been made, unless the court
shall be satisfied that the ends of justice require a con-
tinuance.

Continuance
not to be
granted upon
amendments

of plots, &c.

SEC. 10. And be it enacted, That it shall not be
necessary to state the name by which lands may have
been patented, in declarations, in action of ejectment,
dower, trespass or case, but the same may be described by
abuttals, course and distance, by any name it may have
acquired by reputation, or by any other description
certain enough to identify the same.

Not necessa-
ry to state
name.

SEC. 11. And be it enacted, That this act shall not
apply to cases now pending, and shall not affect any
plea of limitations in abatement, to the jurisdiction or
other dilatory plea.

Not to apply
to cases now
pending.