2392 ARTICLE 75.
but it shall be sufficient to locate by actual survey the beginning or any
call or other object by which the location of the tract may be proved and
such portion of the lines connected therewith as may be necessary to
show the parts of the land in controversy and the questions to be tried
and proved by witnesses to be examined in the cause; and all other-lines
and objects may be located by protraction on the plats by the party mak-
ing the survey; and such locations by protraction when made by either
party shall be conclusive evidence of the correctness of any object or line
so located, unless the same shall be differently located by the other party
either by actual survey or by protraction; and in case it is so differently
located, the jury shall judge between said locations; and all locations by
protraction shall be made by course and distance according to the descrip-
tion of the lands so located, to be shown and proved by some patent, deed,
or other paper to be given in evidence and shall be connected by the course
and distance of some title paper or other competent evidence, with lines
and objects located by actual survey; but in making locations by protrac-
tion, the surveyor may correct by protraction to calls for corners or objects
already located on the plats, either by actual survey or by protraction,
and the surveyor shall hereafter return only three copies of the plats and
certificates of survey; and it shall not be necessary in said certificates to
incorporate any tables of courses and distances, but said certificates shall
contain only a brief explanation of the plats and of the tracts of land
and objects shown on the same, describing by a letter or device the point
on the plat where each tract begins, and describing by color, number, etc.,
the lines on the plat which represent the boundaries of each tract or par-
cel of land and describing by letter or device the manner and place where
and in which all other objects are represented on said plats; and it shall
not be necessary to describe the location of any tract or object more than
once in each of said certificates, although a greater number of title papers
may be offered in evidence containing its lines; but each party shall file
with the surveyor, to be returned along with said certificate, a list of the
deeds, patents, or other conveyances or title papers which he means to offer
in evidence at the trial of the cause, briefly describing the same by date,
place of record or other means of identification; and said surveyor shall
return said lists along with his certificates; and no title paper shall be
offered in evidence by either party unless such list shall have been so
delivered by him to 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 contro-
versy, either by actual survey or by protraction as herein provided, 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
|
|