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LAWS OF MARYLAND.— 1793.
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303
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be affected thereby, and to administer an oath, or affirmation, to
them, touching their knowledge of the boundary or boundaries
to be perpetuated, and take depositions respecting the same, and
make return thereof, with their other proceedings, to the county
court to be recorded ; and the same, when recorded, shall be as
good evidence, in law or equity, as if a commission for that
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purpose alone had been issued under the act,* entitled, 'an act
for the ease of the inhabitants in examining evidences relating
to the bounds of lands, and in the manner of obtaining injunc-
tions, any law, usage or custom, to the contrary notwith-
standing.'
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*1723, ch.8.
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SEC. 3. And be it enacted. That in case any of the said wit-
nesses, when so as aforesaid summoned, shall not attend, the
commissioners, or any two of them, shall apply to the clerk of
the county for an attachment, which shall issue accordingly, to
compel their attendance.
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And apply
for attach-
ments, &c.
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SEC. 4. And be it enacted, That in all cases where the same
tract is held by different persons, and lies partly in one county
and partly in another, or partly in this state and partly in an
adjoining state, any person interested may have a commission,
on application to the county court, to fix, mark and bound, the
whole tract, when lying partly in one county and partly in
another, and also of his particular part; and when any tract
shall lie partly in this state and partly in an adjoining state,
any citizen of this, or any of the United States, may have a
commission, on application as aforesaid, to mark and bound
such part as shall lie within this state, under the regulations of
the original act to which this is supplementary ; and in such
cases the party or parties so applying shall derive equal benefit
from the return and recording his or their commissions, as if
such tract had been contained wholly in one county, or wholly
in this state.
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In certain
cases party
may have a
commission
&c.
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SEC. 5. And, whereas doubts have been entertained, whether
any quaker, menonist or tunker, can act as a surveyor or chain-
carrier under the act to which this is a supplement ; therefore,
Be it enacted, That from and after the passage of this act, an
affirmation made by any quaker, menonist or tunker, shall be
as valid as an oath, in order to qualify the said quaker, meno-
nist or tunker, either as a surveyor or chain-carrier.
CHAPTER 75.
AN ACT relative to Appeals to be prosecuted or Injunctions to be
obtained by executors or administrators.
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Affirmation
to be valid,
&c,
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WHEREAS injustice may be done to executors and adminis-
trators from the nature of the bonds at present required from
them on obtaining writs of error, and injunctions out of the
court of chancery ;
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Preamble.
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