PLEADINGS, PRACTICE AND PROCESS AT LAW 2835

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
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 con-
stituting 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, notwithstanding 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 sec. 85—see notes thereto. Kelso v. Stigar,
75 Md. 395.

See notes to secs. 76 and 90.

An. Code, 1924, sec. 89. 1912, sec. 84. 1904, sec. 84. 1888, sec. 81. 1852, ch. 177, sec. 7.

1829, ch. 186.

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

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

See notes to sec. 76.