Transfer of Cause from Justice's to District Court.—If, upon the filing of the defendant's verified answer in a Justice's Court, it appears in the answer that the determination .of the action will necessarily involve a question of title to real property, the cause should be transferred to a District Court, and when so transferred the District Court obtains complete jurisdiction in the premises.

Jurisdiction of Supreme Court on Appeal.—The Supreme Court has jurisdiction of appeals from the District Courts in actions for damages to real property, where the question of title to real property is involved, although the damages claimed are less than three hundred dollars.

Map of County Surveyor as Evidence.—A plat of a survey made by a County Surveyor is not admissible in evidence unless it is made out and certified to in a form constituting it evidence, as provided in the third, seventh, and tenth sections of the Act of April, 1850, prescribing the duties of County Surveyors. Such survey may be admitted as a private survey without being thus made out and certified to.

Evidence of Survey.—A witness who is not a County Surveyor may be admitted to testify to a survey which he has made, although he is not called to rebut or explain a survey made by a County Surveyor.

Trespass quare clausum fregit.—The plaintiff is not entitled to recover damages for a trespass quare clausum, fregit, alleged in his complaint to have been committed on his own land, when in fact the trespass "was committed upon another piece of land.

Damages por Removal op Fence prom Public Road.—A plaintiff is not entitled to recover damages for the removal of a fence, placed by the plaintiff upon a public highway, the title to which is in the defendant, subject to the right of the public to an easement over it as a public highway.