3352 ARTICLE 91

neglects or refuses to proceed with such warrant or order, any one inter-
ested in the execution and return of such warrant or order may petition
the commissioner of the land office or court for the appointment of a
deputy surveyor to execute the warrant, and the said commissioner of the
land office or court may, if necessary, appoint such deputy and issue a
duplicate warrant to such deputy; and such return or certificate shall
have the same effect as if executed by the surveyor.¹

County surveyor may be ordered to survey lands in controversy. Andrews v. Scotton,
2 Bl. 629.

A deputy surveyor has no authority to survey lands lying outside of his county.
Hammond v. Ridgely, 5 H. & J. 245.

As to admissibility of evidence to prove that a certificate of survey was forged,
see Boreing v. Singery, 4 H. & McH. 398; Boreing v. Singery, 2 H. & J. 455.

As to admissibility of evidence to contradict return of surveyor, see Carroll v.
Smith, 4 H. & J. 128; Hammond v. Norris, 2 H. & J. 130; Webb v. Beard, 1 H. & J.
349; Hammond v. Sheredine, 4 H. & McH. 420; Boreing v. Singery, 4 H. & McH. 398.

As to evidence as to where surveyor ran his lines, see Richardson v. Milburn,
17 Md. 71.

See notes to sec. 7.

An. Code, 1924, sec. 2. 1912, sec. 2. 1904, sec. 2. 1888, sec. 2. 1849, ch. 549, sec. 2.

2. He shall keep a regular alphabetical record of the surveyor's dupli-
cate of all surveys or re-surveys made by him by virtue of a warrant issued
from the land office.

An. Code, 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1849, ch. 549, sec. 2.

3. The books for that purpose shall be procured at the expense and
shall be the property of the county or Baltimore City and shall be kept by
the surveyor thereof open to the inspection of all persons who may desire
to examine the same, and shall be handed down to his successor in office.

An. Code, 1924, sec. 4. 1912, sec. 4. 1904, sec. 4. 1888, sec. 3. 1849, ch. 549, sec. 3.

4. Each surveyor may appoint a deputy or deputies.

An. Code, 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1811, ch. 100.

5. Surveyors and their deputies may administer an oath to their chain
and pole carriers, carefully, without favor or partiality to carry the chain
or pole to the best of their knowledge whilst making a survey.

An. Code, 1924, sec. 6. 1912, sec. 6. 1904, sec. 6. 1888, sec. 6. 1811, ch. 100.

6. No one but a male person above the age of twenty-one years shall
be a chain or pole carrier.

An. Code, 1924, sec. 7. 1912, sec. 7. 1904, sec. 7. 1888, sec. 7. 1789, ch. 35, sec. 7.

7. On the execution of any warrant of re-survey from any of the courts
of this State, or on the execution of any order of a court of equity of this
State to make a survey, the sheriff or coroner shall summon the witnesses
he may be directed to summon by either party and upon proof of such
summons and non-attendance of the witness made to the court from which
the warrant or order issued, such witness shall be adjudged in contempt
of court and an attachment may issue as in other cases of contempt.

The county surveyor may be ordered to survey lands in controversy and to take
depositions and return plots. Andrews v. Scotton, 2 Bl. 629. See also Cunningham v.
Browning, 1 Bl. 319.

¹ On secs. 1 to 18 of this article, see art. 54, "Land Office," secs. 25 to 44.