LAWS OF MARYLAND.— 1786.

239

faction of the court, that such advertisements were duly set up,
and notice given as aforesaid, or upon the other persons inte-
rested appearing, the court may issue a commission to any five
or three persons, agreed on by all parties, empowering them, or
a majority of them, to mark and bound the land mentioned in
such commission, according to the directions of this act ; but if
the persons interested, or any of them, shall not agree on the
persons for commissioners, then shall the court appoint three or
five discreet persons, skilled in land affairs, not interested in
the lands, nor related to either of the parties, to whom a com-
mission shall issue in manner aforesaid.

By November, 1787, ch. 22, a commission may issue on application, &c.
to mark and bound lands held by bodies politic and corporate.

SEC. 3. And be it enacted, That the said commissioners, or
a majority of them, shall cause advertisements to be set up at
the door of the court-house of their county, and such other
public places as they may judge most effectual, notifying the
time of their meeting, thirty days at the least before their meet-
ing, and shall meet on the land, to proceed in the execution of
their commission, agreeable to the notice given by them as
aforesaid ; but before any commissioner shall proceed in the
execution of any such commission, otherwise than by giving
notice as aforesaid, and issuing summonses for witnesses, he
shall take an oath or affirmation before some justice of the
peace, or some other of the commissioners, that he will settle
and adjust the location of the land mentioned in such commis-
sion, most agreeably to the true original location thereof, accord-
ing to the evidences and circumstances which shall be offered
or appear to him, without favour, affection or partiality, accord-
ing to the best of his experience and judgment, and will make
a true return thereof.

Commis-
sioners to
advertise,
&c.

SEC. 4. And be it enacted, That summonses for witnesses
may issue out of the county court, or by the said commis-
sioners, or a majority of them, and witnesses summoned shall
attend, and be subject to punishment by the county court for
not attending, iu the same manner as on summonses issued by,
and returnable to, county courts ; and the commissioners may
cause the land mentioned in such commission, as well as any
other lands they may think proper, to be surveyed by the sur-
veyor of the county, or such other skilful person as they may
think fit to appoint, and may administer an oath to the sur-
veyor, and also to the chain-carriers, to execute their respective
duty as surveyor or chain-carrier, as the case may be, faithfully
and impartially, according to the best of their skill ; and shall
also administer an oath or affirmation to every witness, that the
evidence which such witness shall give to the commissioners

Summonses
may issue,
&c.