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WILLIAM SMALLWOOD, Esq; Governor.
at the doors of the churches, and other houses for public worship, if
any, in the
hundred where such land lies, of his intention to apply to the court for
a commission
to mark and bound his land named, or otherwise described, in such advertisement;
and also giving notice in writing to the persons holding the adjoining
lands, if residing thereon, or if absent, leaving such notice at the houses
of
such persons, thirty days before the meeting of the county court of the
county
where such land lies, and if no person lives on the adjoining land,
giving notice
four successive weeks in the Baltimore and Annapolis news-papers; and
also
giving personal notice to the owner of the adjoining land, or to his agent
or attorney,
if known and in the state, thirty days before the meeting of the county
court, as aforesaid, may apply, by petition in writing, to such court for
a commission
to mark and bound such land agreeable to the directions of this act; and
upon proof being made to the satisfaction of the court, that such advertisements
were duly set up, and notice given as aforesaid, or upon the other persons
interested
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 commission shall issue in manner aforesaid. |
1786.
CHAP.
XXXIII. |
III. 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 meeting,
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 commission,
most agreeably to the true original location thereof, according to the
evidence
and circumstances which shall be offered or appear to him, without favour,
affection,
or partiality, according to the best of his experience and judgment, and
will make a true return thereof. |
Commissioners
to advertise
their
meeting, &c. |
IV. And be it
enacted, That summonses for witnesses may issue out of the
county court, or by the said commissioners, or a majority of them, and
witnesses
summoned shall attend, and be subject to punishment by the county court
for not
attending, in 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 surveyor of the county, or such other skilful person as they may
think fit
to appoint, and may administer an oath to the surveyor, 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 in the matter depending in
question,
shall be the truth, the whole truth, and nothing but the truth; and the
said
commissioners, 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 commission 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 adjudication 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. |
Summonses
may issue out
of county
court, &c. |
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