ART. 75] EJECTMENT. 1673

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 controversy, either by actual qurvey
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 of trespass quare
clausum fregit, where the alleged trespass consists of excava-
tions 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.

Budd v. Brooke, 3 Gill, 198. Wilson v. Inloes, 6 Gill, 152. Mitchell v.
Mitchell, 8 Gill, 102. Houck v. Loveall, 8 Md. 63. Friend v. Friend, 63
Md. 328.

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 corre-
spond 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

106