ART. 35] BOUNDARIES——FOREIGN COMMISSIONS. 977

1904, art. 30, sec. 33. 1888, art. 35, sec. 31. 1860, art. 37, sec. 30.

1723, ch. 8, sec. 4.

33. The said commissioners, before their meeting on such land,

where all the parties concerned live in the county, or where they are not

known, shall cause public notice of such meeting and the object thereof

to be set up in the most public places in the county at least twenty days

before such meeting; and where all the persons interested are known

and any one of them lives out of the county, they shall cause such notice

to be given by advertisement in some newspaper forty days before such

meeting and shall return a certificate of having given such notice with

the examination of the witnesses.

The return of a commission to bound lands must show that sufficient notice

was given by the commissioners to the parties Interested. Lowes v. Holbrook,

1 H. & J. 153. And see Gittings v. Hall, 1 H. & J. 23; Johnson v. Kramer, 2

H. & McH. 243.

As to the admissibility In evidence of commissions to bound lands, defec-
tively executed, see Ringgold v. Galloway, 3 H. & J. 451; GIbson v. Smith,
1 H. & J. 258; Weems v. Disney, 4 H. & McH. 156.

Ibid. sec. 34. 1888, art. 35, sec. 32. 1860, art. 37, sec. 31.
1723, ch. 8, sec. 3.

34. All examinations of witnesses taken by the aaid commissioners
shall be as good and available as if taken according to the rules and
practice of the courts of equity, notwithstanding any defect or want of
form or of filing or exibiting a bill.

Ibid. sec. 35. 1888, art. 35, sec. 33. 1860, art. 37, sec. 32.
1723, ch. 8, sec. 6.

35. The said commissioners shall receive four dollars a day for
their services in taking such depositions and the witnesses attending
upon their summons the sum of one dollar per day for each day they
shall attend.

Commissions to take Evidence from Other States.

Ibid. sec. 36. 1888, art. 35, sec. 34. 1860, art. 37, sec. 33. 1841, ch. 107,

sec. 1. 1862, ch. 147. 1906, ch. 239.

36. A party to any civil action, suit or special proceeding, pending,
in a court without this State, either in any State, district or territojty
of the United States or in a foreign country, may obtain in the follow-
ing manner, the testimony of a witness or witnesses, and in connection
therewith, the production of books and papers within this State, to.
be used in such action, suit or special proceeding.

Whenever any commission, or process in the nature of a commission, to
take the testimony of a witness or witnesses named therein within this
State shall be issued by any court without the State, either in any State,
district or territory of the United States, or in a foreign country,
directed to any person, designated by name, title of office or other-
wise, in this State, the person so designated as commissioner shall
serve notice on the witness or witnesses to be examined under said
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