such other public places as they may judge most effectual, thirty days at least before such meeting.

P. G. L., (1860,) art. 15, sec. 8. 1786, ch. 33, sec. 3.

8. Each commissioner shall, before he proceeds in the execution of the commission, otherwise than by giving such notice and issuing summonses for witnesses as herein provided, take an oath before a justice of the peace, or some other of the commissioners, that he will settle and adjust the location of the land mentioned in the commission, most agreeably to the true original location thereof, according to the evidences and circumstances which shall be offered or appear to him, without favor, affection or partiality, according to the best of his experience and judgment, and will make a true return thereof.

Ibid. sec. 9. 1786, ch. 33, sec. 4.

9. The said commissioners shall meet on the land agreeably to the notice given by them, and may cause the lands mentioned in the commission, as well as any other lands they may think proper, to be surveyed by the surveyor of the county, or such other skilful person as they shall think fit to appoint.

Ibid. sec. 10. 1786, ch. 33, sec. 4.

10. Summonses for witnesses may issue out of the court issuing the commission, or by the said commissioners, or & majority of them; and witnesses summoned shall attend, and be subject to punishment by the said court for not attending, in the same manner as on summonses issued by and returnable to said

court.

Ibid. sec. 11. 1793, ch. 70, sec. 3.

11. If any witness shall not attend when summoned, the commissioners, or any two of them, shall apply to the clerk of the said court for an attachment, which shall issue accordingly to compel his attendance.

Ibid. sec. 12. 1786, ch. 33, sec. 4.

12. The commissioners may administer an oath to the surveyor, and also to the chain carriers, to execute their respective

duty as surveyor or chain carrier, faithfully and impartially, according to the best of their skill; and shall also administer an oath to every witness, that the evidence he shall give to the commissioners in the matter depending in question, shall be the truth, the whole truth, and nothing but the truth.

P. G. L., (1860,) art. 15, sec. 13. 1793, ch. 70, sec. 2.

13. The commissioners shall take the depositions of the witnesses, touching their knowledge of the boundaries to be perpetuated, and shall make return thereof, with their other proceedings, to the court, to be recorded; and the same, when recorded, shall be as good evidence in law or equity as if taken under a commission to perpetuate testimony issued from a court of equity.

Green .

Keech v. Dansey, 1 H. & McH. 20. Helms . Howard, 2 H. & McH. 57. Ruff v. Webster, 4 H. & McH. 499. Davis v. Batty, 1 H. & J. 264. McClellan, 4 H. & J. 200. Oliver v. Palmer, 11 G. & J. 145.

Ibid. sec. 14. 1786, ch. 33, sec. 4.

14. The commissioners, or any two or more of them, may adjourn from time to time, and they, or a majority of them, or a major part of a majority met, concurring in opinion, shall cause the lands mentioned in the commission to be marked in the lines where convenient, and shall mark, or set up boundaries, at the termination of the lines, when course and distance only are given, according to their adjudication and adjustment of the location thereof, and shall return a plat and certificate of such marked lines and boundaries to the court under their hands, which return shall be received and recorded in the record of land commissions and returns of such court, unless the court shall otherwise order because of the misconduct of the commissioners.

- Ibid sec. 15. 1786, ch. 33, sec. 5.

15. If no suit or action shall be brought within five years next after recording the return of the commissioners, to call in question their adjudication, the marking and bounding such land as aforesaid, and the record thereof, shall be conclusive evidence of the original location thereof, both as to the direction and termination of the lines; or if the adjudication of the commissioners shall be confirmed by the verdict of a jury in any such suit, the

adjudication of the commissioners in the point confirmed by the jury, and between the same parties and those claiming under them, shall conclude to every intent and purpose; provided, that every infant, married woman, insane person, or person in prison and beyond sea, and those claiming under either of them, shall have five years after the disability removed, to commence such suit or action.

Lowes v. Holbrook, 1 H. & J. 153. Haffner r. Dickson, 2 H. & J. 46. Armstrong. Risteau, 5 Md. 281. Hoye v. Swan, 5 Md. 241.

P. G. L., (1860,) art. 15, sec. 16. 1786, ch. 33, sec. 6.

16. If the parties interested have fairly agreed to settle the lines of any land, and have fixed boundaries at the termination of such lines to mark and ascertain as well the direction as the extent of the lines, or if such lines have been settled and ascertained by arbitration, no commissioners shall have authority between the same parties or those claiming under them, or either of them, to vary from the lines so settled, agreed or ascertained.

Ibid. sec. 17. 1786, ch. 33, sec. 6.

17. If any persons shall agree to settle and ascertain the location of their lands, and fix boundaries to the same, such settlement and agreement, and a plot of the lands so settled, may, by consent of the parties interested, be recorded in the office of the clerk of the circuit court for the county, or superior court of Baltimore city, and when recorded shall have the same effect as if the location of such land had been settled by commissioners.

Ibid. sec. 18. 1786, ch. 33, sec. 7.

18. Each commissioner appointed by the court shall be entitled to two dollars per day for each day he shall attend in the execution of the commission; any person acting as surveyor shall receive such per diem allowance as shall be adjudged by the commissioners, not exceeding four dollars per day; each chain carrier shall receive seventy-five cents, and each witness fifty cents for each day they shall respectively attend, to be paid by the person at whose request the service shall be performed, and if necessary, attachment of contempt shall be issued by the court issuing the commission, to compel such payment.

ARTICLE XVI.

CHANCERY.

5. Death of representative of de- 25. Effect of failure to produce when

7. Death after decree or after case is 26. Who may obtain.

9. Non-appearance of representative 30. Facts must have legal

48. Property of may be decreed to be 77. Effect of decree passed on agree

57. Investment of proceeds of sale.
58. When principal may be expended.
59. Infant remainderman, sale of prop- 84.

proceeds upon 85. When property of infant or luna

68. Testimony in injunction cases; how 93. Renewal of lease, proceedings for.