400

BOUNDING LANDS. [ART. 46.

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 com-
mission nine months before the petition therefor, and the person
seized of such elder tract shall have neglected to apply and obtain a
commission.

Id s 5.
1786, c 33, s 2
Notice of appli-
cation
4 H &McH 136

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 advertise-
ment 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 also give
notice in writing to the persons holding the adjoining lands, if resid-
ing thereon, or if absent, leaving such notice at the houses of such,
persons thirty days before the meeting of the court as aforesaid;
and if no person lives on the adjoining land, he shall give such no-
tice 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 to his agent or attorney, if
known and in the State, thirty days before the meeting of the court
as aforesaid.

Id s 6
1786, c 33, s 2
To whom com-
mission to be
issued.

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 commission; 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

Id s 7
1786, c 33, s 3.
Notice by com-
missioners

7. The said commissioners, or a majority of them, shall give
notice of the time and purposes of their meeting, by advertisements
to be set up at the door of the court-house of their county, and
such other public places as they may judge most effectual, thirty
days at least before such meeting.

Id s 8
1786, c 33, s 3
Oath of com-
missioners.

8. Each commissioner shall, before he proceeds in the execution
of the commission otherwise than by "giving such notice and issuing
summonses for witnesses, as herein provided, take an oath before a
justice of the peace, or some other of the commissioners, that he
will settle and adjust the location of the land mentioned in the com-
mission most agreeably to the true original location thereof, accord-
ing to the evidences and circumstances which shall be offered or ap-
pear to him, without favor, affection, or partiality, according to the