68 BOUNDING LANDS. [ART. 15.
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 par-
tiality, according to the best of his experience and judgment,
and will make a true return thereof.
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.
10. Summonses for witnesses may issue out of the court is-
suing the commission, or by the said commissioners, or a
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.
11. If any witness shall not attend when summoned, the com-
missioners, or any two of them, shall apply to the clerk of the
said court for an attachment, which shall issue accordingly to
compel their attendance.
12. The commissioners may administer an oath to the sur-
veyor, and also to the chain carriers, to execute their respective
duty as surveyor or chain carrier, faithfully and impartially, ac-
cording 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.
13. The commissioners shall take the depositions of the wit-
nesses touching their knowledge of the boundaries to be per-
petuated, and shall make return thereof, with their other pro-
ceedings, to the court, to be recorded, and the same when re-
corded shall be as good evidence in law or equity as if taken
under a commission to perpetuate testimony issued from a court
of equity.
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
|
![clear space](../../../images/clear.gif) |