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LAWS OF MARYLAND.— 1786.

in the matter depending in question, shall be the truth, the
whole truth, and nothing but the truth ; and the said commis-
sioners, or any two or more of them, may adjourn from time to
time, as they may think necessary, and they, or the majority of
them, or the major part of such majority met, concurring in
opinion, may and shall cause the land mentioned in such com-
mission 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 adjudica-
tion and adjustment of the location thereof, and shall return a
certificate of such marked lines and boundaries to the court
under their hands, which return shall be received and recorded
in the records of land commissions and returns of such county,
unless the court shall otherwise order, because of ill behaviour
of the commissioners.
By 1793, ch. 70, an affirmation made by any quaker, menonist or tunker,
shall be as valid as an oath, in order to qualify him as a surveyor or chain-
carrier.
By 1793, ch. 70, the commissioners may summon, (and compel the
attendance of,) evidences to prove boundaries which are desired to be per-
petuated, and may take depositions,, and return them, with their proceed-
ings, to be recorded, which shall be as good evidence as if a commission
for that purpose had issued under the act of 1723, ch. 8.

In case of
no suit,
marking to
be conclu-
sive, &c.

SEC. 5. And be it enacted, That in case no suit or action shall
be brought within five years next after the recording such return,
to call ia question the adjudication of the commissioners, 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
verdict of a jury in any suit as aforesaid, 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, or beyond
sea, and those claiming under either of them, shall have five
years after the disability removed to commence such suit or
action as aforesaid.

Proviso.

SEC. 6. Provided always, and be it enacted, That if the parties
interested have fairly agreed, or shall hereafter agree, to settle
the line or lines of any land, and have fixed, or shall fix, boun-
daries at the termination of such line or lines, to mark and ascer-
tain, as well the direction as extent of the line or lines, or where
such liue or lines have been settled and ascertained by arbitra-.
tion, no commissioners shall have power or authority, between
the same parties, or those claiming under them, or cither of
them, to vary from the line or lines so settled, agreed or ascei-