336 BOUNDING LANDS. [ART 15

make return thereof, with their other proceedings, to the court, to be
recorded; and the same, when recorded, shall be as good evidence in
law or equity as if taken under a commission to perpetuate testimony
issued from a court of equity.

As between the parties, the Judgment of the commissioners is conclusive
unless reversed upon appeal; as between other persons, the proceedings are
admissable in evidence on the same ground that hearsay is admissable to
prove the boundary of land. The depositions of a witness before a land
commission cannot be offered in evidence unless the witness be dead. Davis v.
Batty, 1 H. & J. 264.

Where the commission can not agree, their return is not evidence, In an
action of trespass q. c. f. Green v. McClellan, 4 H. & J. 200.

The return of a jury under the act of 1699, ch. 18, for fixing 'the bounds
of land, held not to be evidence in an action of ejectment, because the land
was not located on the plat agreeably to the return, and the return not made
in accordance with the act. Ruff v. Webster, 4 H. & McH. 499.

1904, art. 15, sec. 14. 1888, art. 15, sec. 14. 1860, art. 15, sec. 14. 1786, ch. 33, sec. 4.

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 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 plat and certifi-
cate of such marked lines and boundaries to the court under their hands,
which return shall be received and recorded in the record of land com-
missions and returns of such court, unless the court shall otherwise
order because of the misconduct of the commissioners.

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

15. If no suit or action shall be brought within five years next after
recording the return of the commissioners, to call in question their
adjudication, 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 the verdict of
a jury in any such suit, 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; pro-
vided, that every infant, married woman, insane person, or person in
prison and beyond sea, and those claiming under either of them, shall
have five years after the disability removed to commence such suit or
action.

Although five years have not elapsed since the recording of the return of
a commission, it may be offered in evidence, but it is not conclusive. Lowes-
v. Holbrook, 1 H. & J. 153.

Ibid. sec. 16. 1888, art. 15. sec. 16. 1860. art. 15. sec. 16. 1786. ch. 33, sec. 6.

16. If the parties interested have fairly agreed to settle the lines of
any land, and have fixed boundaries at the termination of such lines to-