1852.

LAWS OF MARYLAND.

CHAP. 177

CHAPTER 177.

Passed May
22, 1852.

AN ACT for amending proceedings in actions at
Law.

Proceedings
may be
amended, so
that each case
may be tried
on its real me-
rits.

SECTION 1. Be it enacted by the General Assem-
bly of Maryland, That in all suits and actions at
law, any of the proceedings, including the writ or sum-
mons, may be amended so that each case may be tried
on its real merits, and the purposes of justice subserved;
writs may be amended from one form of action to
another, when the ends of justice require it, and any
amendment may be made at any time before the jury
retire to make up their verdict, in cases of jury trial,
and in coses of demurrer and other trials before the court
at any time before judgment is entered.

Lands in con-
troversy.

SEC. 2. And be it enacted, That in all actions at
law, where the title to land in in question, it shall not be
necessary for any party to any such action, to prove
that the lands in controversy have been patented, but
a patent shall in all cases be presumed in favor of the
parly showing a title otherwise good, and actual enclo-
sure shall not be necessary to prove possession, but acts

of user and ownership, other than enclosure may be

Proviso.

given in evidence to the jury to prove possession; Pro-
vided, that nothing herein contained shall effect, for
the period of twenty years, any existing laws relating to
the title to lands held in any part of this State, which
were granted for military service.

Action of
ejectment.

SEC. 3. And be it enacted, That no warrant of re-
survey, shall issue in any action of ejectment, unless
the court shall be satisfied that there is a dispute about
the location of the lands claimed in said action, nor shall
any issue in other actions unless there is a dispute about
the location of the land, for the injury of which dama-
ges are claimed.

Parties hold-
ing or claim-
ing under
same title.

SEC. 4. And be it enacted, That in any action
where the parlies hold or claim under the same title, the
lands in dispute, no warrant of re-survey shall issue,
except in cases where the parties claim different parcels
under the same title, and it appears to the court there
is a dispute about the location of the divisional line or
lines.

Cost of survey
—by whom to
be paid.

SEC. 5. And be it enacted, That where the court
shall consider a warrant of re-survey necessary, if the
same be had at the instance of the defendant, or is made
necessary by the defence taken, in such cases the de-
fendant shall first make his survey, and if the warrant