| 1786.
CHAP.
XXXIII.
In case of no
suit, marking
to be conclusive,
&c. |
LAWS of MARYLAND.
V. 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 in 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. |
VI. 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, boundaries at the termination of such line
or lines,
to mark and ascertain, as well the direction as extent of the line or lines,
or
where such line or lines have been settled and ascertained by arbitration,
no commissioners
shall have power or authority, between the same parties, or those
claiming under them, or either of them, to vary from the line or lines
so settled,
agreed or ascertained; and if any persons shall hereafter agree to settle
and ascertain
the location of their lands, and fix boundaries to the same, such settlement
and agreement, and a plot of the lands so settled, may, by consent of the
parties
interested, be recorded as aforesaid, and when recorded, shall have
the same effect
and consequences as if the location of such land had been settled by commissioners
as aforesaid. |
Allowance to
commissioners,
&c. |
VII. And be
it enacted, That each commissioner shall be entitled to seven
shillings and six-pence for every day he shall attend in the execution
of such
commission; that any person acting as a surveyor, shall receive such
per diem
allowance as shall be adjudged by the commissioners, not exceeding
fifteen shillings
for every day he shall necessarily be employed; that each chain-carrier
shall
be entitled to receive five shillings; and that each witness shall
be entitled to three
shillings and nine-pence for each day they shall respectively attend, to
be paid
by the person at whose request the service shall be performed, and if necessary,
attachment of contempt shall be issued by the county court to compel such
payment. |
Where several
persons
hold, either
may have a
commission,
&c. |
VIII. And,
whereas it may happen, that divers persons hold parts of one and
the same tract of land, in the adjustment and fixing the out-lines of which,
they
are severally interested, and persons holding younger surveys are frequently
interested
in the location of elder interfering or neighbouring surveys, Be
it enacted,
That where divers persons hold separate parts of one and the same tract,
they, or
any of them, may have a commission as aforesaid, as well to fix, mark and
bound, the whole tract, as their particular parts thereof, and where any
person
or persons hold a younger survey, and are thereby interested in the
location of
interfering or neighbouring elder surveys, they shall be entitled to a
commission
as aforesaid, to fix, mark and bound, any such elder survey; provided,
that the
person, or some one of the persons applying for such commission, give notice
in
writing to the person seized of such elder tract, of his or their intention
of applying
for such commission, nine months before the petition therefor, and
the
person seized of such elder tract shall have neglected to apply for and
obtain a
commission as aforesaid, and every such commission shall be obtained and
proceeded
on in like manner, and the execution thereof shall have the same effect,
as
if the commission had been obtained by a person seized out of the land
therein mentioned. |
|
IX. And,
whereas on the execution of such commissions, small parcels of vacant
land may be found to lie adjoining to the land to be marked and bounded,
or other lands directed by the commissioners to be surveyed, and justice
requires
that such vacancies should be applied in the first place to make good the
deficiency, |
|
 |
