BOUNDING LANDS. 429

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 admissible in
evidence on the same ground that hearsay is admissible to prove the boundary of
land. The depositions of a witness before & land commission cannot be offered
in evidence unless the witness be dead. Dayis v. Batty, 1 H. & J. 264.

Where the commission cannot 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.

An. Code, sec. 14. 1904, sec. 14. 1888, 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 com-
mission 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 certificate of such marked lines
and boundaries to the court under their hands, which return shall be
received and recorded in the record of land commissions and returns of such
court, unless the court shall otherwise order because of the misconduct of
the commissioners.

An. Code, sec. 15. 1904, sec. 15. 1888, 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 adjudica-
tion, 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; provided, that every infant, married
woman, insane person, or person in prison and beyond sea, and those claim-
ing 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 com-
mission, it may be offered in evidence, but it is not conclusive. Lowes v. Holbrook,
1 H. & J. 153.

An. Code, sec. 16. 1904, sec. 16. 1888, 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 mark and
ascertain as well the direction as the extent of the lines, or if such lines
have been settled and ascertained by arbitration, no commissioners shall
have authority between the same parties or those claiming under them,
or either of them, to vary from the lines so settled, agreed or ascertained.