BOUNDING LANDS 529
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, 1924, sec. 15. 1912, 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, 1924, sec. 16. 1912, 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.
An. Code, 1924, sec. 17. 1912, sec. 17. 1904, sec. 17. 1888, sec. 17. 1786, ch. 33, sec. 6.
17. If any person shall agree to settle and ascertain the location of
their lands, and fix boundaries to the same, such settlement and agreement,
and a plot of the lands so settled, may, by consent of the parties interested,
be recorded in the office of the clerk of the circuit court for the county, or
superior court of Baltimore City, and when recorded shall have the same
effect as if the location of such land had been settled by commissioners.
An. Code, 1924, sec. 18. 1912, sec. 18. 1904, sec. 18. 1888, sec. 18. 1786, ch. 33, sec. 7.
18. Each commissioner appointed by the court shall be entitled to two
dollars per day for each day he shall attend in the execution of the com-
mission; any person acting as surveyor shall receive such per diem allow-
ance as shall be adjudged by the commissioners, not exceeding four dollars
per day; each chain carrier shall receive seventy-five cents, and each witness
fifty cents for each day they shall respectively attend, to be paid by the
person at whose request the service shall be performed, and if necessary,
attachment of contempt shall be issued by the court issuing the commis-
sion to compel such payment.
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