ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW.

some patent, deed, or other title-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; and if either party shall make any surveys or locations
which the court in its discretion should think unnecessary, then the
party requiring the same shall pay the cost thereof, and any party to
the suit may give in evidence any patent, deed, or other paper,
which would be competent evidence in the cause, if it shall be lo-
cated either by actual survey or by protraction, as herein provided,
or by both.

591

25. 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 there-
with, objects to which the proof applies may be placed on the plats,

Art 75, s 67
1829, c 186,
1852, c 177, s. 7
Amendment of
plats and certif-
icates
27 Md 604.

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 on the plats; provided, the court shall be satisfied the ends
of justice will be attained by such amendment of plats, and admis-
sion of witnesses.

Witnesses.

26. In no action shall plats be considered as pleadings or evi-
dence per se; nor shall any counter location be necessary to put
the party locating any tract, line, or object, on the proof of such lo-
cation; and the opposite party may controvert the same without
any counter location.

Id s 58.
1852, c 177, s 8
Plats not to be
deemed plead-
ings or evi-
dence
18 Md 246
Counter
location

27. It shall not be necessary to state the name by which lands
may have been patented, in declarations in actions of ejectment,
dower, trespass, or case, hut the same may be described by abuttals,
course, and distance, by any name it may have acquired by repu-
tation, or by any other description certain enough to identify the
same.

REPLEVIN.

Id s 21
1852, c 177, s 10
How lands may
be described in
ejectment,
dower, trespass
or case

28. The court upon return of any writ of replevin shall have
power, upon motion being made by the defendant for a return of the
property taken under the writ, to inquire into the circumstances
and manner of the defendant's obtaining possession of such prop-
erty, and if it shall appear that such possession was forcibly or
fraudulently obtained, or that the possession being first in the plain-
tiff was got or retained by the defendant without proper authority or
right derived, from the plaintiff, the court may refuse to order a
return to the defendant until a judgment is given in the action.

Art 75, s 59
1785, c 80, s 14
Return of prop-
erly in
replevin, when
to be refused
8G & J 340,
4 H & McH 391

29. If the defendant in replevin shall be returned "summoned, "
and shall not appear, in person or by attorney, on or before the
fourth day of the term next succeeding that to which such return
shall be made, the court shall on motion enter judgment for the
plaintiff for the property replevied, and for nominal damages and
costs; and the same proceedings shall be had upon the return of
two " non ests " as upon a return of "summoned. "

Id s 60
1825, c 65, s 2,
1852, c 336.
Defendant in
replevin failing
to appear, when
judgment to be
entered