280 EVIDENCE. [ART. 37.

available as if taken on ten days' notice, and the commissioner
shall return with his proceeding, the proof which induced him
to shorten the notice.

27. If any person against whom the depositions herein au-
thorized to be taken are to be used in evidence, shall attend the
taking of the same, either in person or by agent, attorney or
guardian, then such depositions shall be admitted in evidence
without proof of notice to the party to attend the taking
thereof.

28. Any commissioner appointed by a court having common
law and equity jurisdiction, whether such commissioner be ap-
pointed to take depositions in chancery or depositions to be
used at law, may take depositions under this article; but no
commissioner shall take depositions out of the county or city
for which he was appointed, except by consent of the parties in
writing, to be returned with the commission.

COMMISSIONS TO PERPETUATE BOUNDARIES OF LANDS.

29. Upon petition of any person seized or possessed of lands
in his own or any other right, to the Circuit Court for the
county where the land lies, or the Superior Court of Baltimore
city if the land lies in the city of Baltimore, for a commission to
examine evidences to prove or perpetuate the memory of any of
the bounds of such lands, or of any other lands whereon the
lands he shall be so seized or possessed of shall depend, or
whereto they relate, the court to which such petition shall be
preferred may grant a commission to four substantial and capa-
ble freeholders within the said county or city, not being in any
way related to any of the parties or interested in the land, em-
powering them, or any three or two of them, (they having first
taken an oath before the said court or some justice of the peace,
duly and impartially to examine and certify such evidences,) to
issue summons for all such evidences as shall be to them named
by the petitioner or other person concerned, to appear before
them at a certain day by them to be appointed, upon the lands,
the boundaries whereof are to be proved or perpetuated, and to
examine all such evidences upon their corporal oaths, to be
administered by such commissioners, of their knowledge con-
cerning the several bounds of such lands, and carefully to reduce
what the evidences shall declare into writing in the presence
of all the parties concerned that shall be there present, and