BOUNDING LANDS. 427

An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1786, ch. 33, sec. 8.

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 inter-
fering 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.

An. Code, sec. 5. 1904, sec. 5. 1888, sec. 5. 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 writing to the persons holding the adjoining
lands, if residing thereon, or if absent, by leaving such notice at the
houses of such persons, thirty days before the meeting of the court as afore-
said ; 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 Baltimore, and also give personal notice to the owner of the
adjoining land, or 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 admissible in evidence in an ejectment 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.

An. Code, sec. 6. 1904, sec. 6. 1888, 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 com-
mission ; 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.