EVIDENCE. 1389

shall declare into writing, in the presence of all the parties concerned that
shall he there present and return the same to the said court to he recorded
in perpetual memory.

A commissioner to bound lands cannot 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. Return of a commission 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.

An. Code, sec. 33. 1904, sec. 33. 1888, sec. 31. 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 commissioners to 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 admissibility in evidence of commissions to bound lands, defectively exe-
cuted, see Ringgold v. Galloway, 3 H. & J. 451; Gibson v. Smith, 1 H. & J. 258;
Weems v. Disney, 4 H. & McH. 156.

An. Code, sec. 34. 1904, sec. 34. 1888, sec. 32. 1723, ch. 8, sec. 3.

34. All examinations of witnesses taken by the said 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 exhibiting a bill.

An. Code, sec. 35. 1904, sec. 35. 1888, sec. 33. 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.

An. Code, sec. 36. 1904, sec. 36. 1888, sec. 34. 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 territory of the
United States or in a foreign country, may obtain in the following
manner, the testimony of a witness or witnesses, and in connection there-
with, 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