1672 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

said surveyor, nor unless said paper shall appear on said list; and if
either party shall make any surveys or locations which the court in
its discretion shall think unnecessary, the party requiring the same
shall pay the cost thereof; and any party to any cause hereafter tried
may give in evidence any patent, deed, or other paper which would
be evidence in the cause, if it shall be located in whole, or only such
part thereof as may be necessary to prove or illustrate the matters in
controversy, either by actual survey or by protraction as herein pro-
vided, if said patent, deed or other paper shall be upon the aforesaid
list furnished to and returned by the surveyor; and in all actions to
trespass quare clausum fregit, where the alleged trespass consists of
excavations of coal, iron, ore or other mineral or material under ground
and such excavations cannot be measured or located on the plats by
reason of the same having become inaccessible by falls of earth or
otherwise or by the closing or partial closing of the galleries, headings,
rooms or other excavations constituting or leading to such trespasses,
then and in all such cases it shall be lawful and proper to prove such
trespasses by any evidence otherwise competent and admissible, notwith-
standing such trespasses cannot be and have not been located on the
plats and notwithstanding that the defendant has taken defense on
warrant.

This section referred to in construing section 80—see notes thereto. Kelso
v. Stlgar, 75 Md. 395.
See notes to sec. 71.

1904, art. 75, sec. 84. 1888, art. 75, sec. 81. 1860. art. 75, sec. 57.
1852, ch. 177. sec. 7. 1829, ch. 186.

84. The plats and certificates of survey in every case may be amended
at bar; where the locations do not correspond with the variation the
same may be amended at bar to correspond therewith; objects to which
the proof applies may be placed on the plats and witnesses may bo
examined who were not sworn on the survey; provided, the court shall
be satisfied the ends of justice will be attained by such amendment of
plats and admission of witnesses.

The amendments of the plats must be made according to the law and
practice of ejectment, so that something may be supplied which was unknown
or overlooked at the time of the survey. No location may he made by
amendment which could not have been permitted at the time of the survey.
Tome Institute v. Davls. 87 Md. 608.

This section dispenses with the necessity of having a witness sworn on the
survey in order to make him competent at the trial, but does not render a
witness who was not on the survey competent at the trial, with regard to the
location of any object upon the plat. Law prior to this section. Morrison v.
Hammond, 27 Md. 619.
See notes to sec. 71.

Ibid. sec. 85. 1888, art. 75, sec. 82. 1860, art. 75, sec. 58.
1852. ch. 177, sec. 8. 1882. ch. 372.

85. In no action shall plats be considered as pleadings or evidence
per se.

This section referred to in deciding that in an action for flooding land, a
witness might testify to the existence of other ditches besides those located