976 EVIDENCE. [ART. 35

same, either in person or by agent, attorney or guardian, then such
depositions shall be admitted in evidence without proof of notice to the
party to attend the taking thereof.

This section applied. Real Estate Trust Co. v. Union Trust Co., 102 Md. 55.

The law was in accordance with this section prior to its adoption—see
notes to sec. 21.

1904, art. 35, sec. 31. 1888, art. 35, sec. 29. 1860, art. 37, sec. 28. 1826, ch 222
1828, ch. 165, sec. 1. 1829, ch. 159.

31. Any commissioner appointed by a court having common law and
equity jurisdiction, whether such commissioner be appointed to take
depositions in chancery or depositions to be used at law, may take
depositions under this article; but no commissioner shall take deposi-
tions out of the county or city for which he was appointed, except by
consent of the parties in writing, to be returned with the commission.

Commissioners regularly appointed under this section are ministerial
officers of the court just as though they had been nominated in a commission
specially directed to them. Winder v. Diffenderffer, 2 Bl. 196.
See notes to sec. 19.

Commissions to Perpetuate Boundaries of Lands.

Ibid. sec. 32. 1888, art. 35, sec. 30. 1860, art. 37, sec. 29.
1723, ch. 8, sec. 2.

32. Upon petition of any person seized or possessed of lands in his
own or any other right to the circuit court for the county where the
land lies, or the superior court of Baltimore city, if the land lies in
the city of Baltimore, for a commission to examine evidences to prove
or perpetuate the memory of any of the bounds of such lands, or of any
other lands whereon the lands he shall be so seized or possessed of shall
depend or whereto they relate, the court to which such petition shall
be preferred may grant a commission to four substantial and capable
freeholders within the said county or city, not being in any way related
to any of the parties or interested in the land, empowering them, or any
three or two of them, (they having first taken an oath before the said
court or some justice of the peace, duly and impartially to examine
and certify such evidences), to issue summons for all such evidences as
shall be to them named by the petitioner or other person concerned, to
appear before them at a certain day by them to be appointed, upon the
lands, the boundaries whereof are to be proved or perpetuated, and to
examine all such evidences upon their corporal oaths, to be administered
by such commissioners, of their knowledge concerning the several bounds
of such lands, and carefully to reduce what the evidences shall declare
into writing, in the presence of all the parties concerned that shall be
there present and return the same to the said court to be recorded in
perpetual memory.

A commissioner to bound lands can not declare in evidence anything which
was taken down in writing as the deposition of a witness sworn before him,
since the deposition itself would be better evidence. The return of a com-
mission to bound lands may be read In evidence for what it Is worth, although
five years have not elapsed since the recording thereof. Lowes v. Holbrook,
1 H. & J. 153.

As to bounding lands, see art. 15.