334 BOUNDING LANDS. [ART 15

1904, art. 15, sec. 4. 1888, art. 15, sec. 4. 1860, art. 15, sec. 4. 1786, ch. 33, sec. S.

4. Where several persons hold separate parts of one and the same
tract, they, or any of them, may have a commission, as well to mark and
bound the whole tract as their particular parts thereof; and where any
person holds a younger survey, and is thereby interested in the location
of interfering or neighboring elder surveys, he shall be entitled to a
commission to mark and bound any such elder survey, if the person, or
some one of the persons, applying for the commission, shall have given
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 and obtain a commission.

Ibid. sec. 5. 1888. art. 15. sec. 5. 1860. art. 15, sec. 4. 1786, ch. 33, sec. 2.

5. Any person entitled to lands, as mentioned in the preceding
sections, and intending to apply for a commission to mark and bound
the same, shall give notice two months before the meeting of the court
at which he intends to make his application, by advertisement set up
at the court-house door of the county, and at two other public places in
the district where such lands lie, 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 shall also give notice in writ-
ing to the persons holding the adjoining lands, if residing thereon, or
if absent, by leaving such notice at the houses of such persons, thirty
clays before the meeting of the court as aforesaid; and if no person
lives on the adjoining land, he shall give such notice by advertisement
for four successive weeks in some newspaper printed in the city of Bal-
timore, and also give 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 court as aforesaid.

It must appear upon the face of the return that sufficient notice, was given
by the commissioners. Lowes v. Holbrook. 1 H. & J. 153.

Where depositions taken under this article are duly sworn to and the
plaintiff's ancestor was present, they are admissable in evidence in an eject-
ment suit, as declarations or hearsay of persons not living, though the
proper notice under this section was not given; but an agreement set out in
the return fixing the location of certain land, is not evidence. Weems v.
Disney, 4 H. & McH. 156.

Ibid. sec. 6. 1888, art. 15, sec. 6. 1860. art. 15. sec. 6. 1786, ch. 33, sec. 2.

6. 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 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; but if the persons interested, or any of them, shall not
agree on the persons for commissioners, the court shall appoint three
or five persons, skilled in land affairs, not interested in the lands nor
related to either of the parties, to whom a commission shall issue as
aforesaid.