ART. 46. ] BOUNDING LANDS.

best of his experience and judgment, and will make a true return
thereof.

401

9. The said commissioners shall meet on the hind agreeably to
the notice given by them, and may cause the lands mentioned in the
commission, as well as any other lands they may think proper, to
be surveyed by the surveyor of the county, or such other skilful
person as they shall think fit to appoint

Id s 9
1780 c 33, s 4
Commissioners
to make sur-
veys

10. Summonses for witnesses may issue out of the court issuing
the commission, or by the said commissioners, or a majority of
them, and witnesses summoned shall attend, and be subject to pun-
ishment by the said court for not attending, in the same manner as
on summonses issued by and returnable to said court.

III s 10
1786, c 33, s 4.
To issue sum-
monses for
witnesses

11. If any witness shall not attend when summoned, the com-
missioners, or any two of them, shall apply to the clerk of the said
court for an attachment, which shall issue accordingly to compel
then attendance.

Id i 11
1793 c 70, s 3
Attendance of
witness, how
compelled.

12. The commissioners may administer an oath to the surveyor,
and also to the chain-carriers, to execute their respective duty as
surveyor or chain-carriers faithfully and impartially; according to the
best of their skill; and shall also administer an oath to every wit-
ness, that the evidence he shall give to the commissioners in the
matter depending in question shall be the truth, the whole truth,
and nothing but the truth

Id s 12
1786, c 33, s 4
Commissioners
to administer
oath.

13. The commissioners shall take the depositions of the wit-
nesses touching their knowledge of the boundaries to be perpetuated,
and shall make return thereof, with their other proceedings, to the
court, to be recorded, and the same when recorded shall be as good
evidence in law or equity as if taken under a commission to per-
petuate testimony issued from a court of equity.

Id s 13
1793, c 70, s 2
To take and
return deposi-
tions
4 H & J 200

When recorded
to be evidence.

74. The commissioners, or any two or more of them, may ad-
journ from time to tune, 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 commission to be marked in the lines where con-
venient, 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 re-

In B 14
1786 c 33, s 4
To set up boun-
daries and
return plats

corded in the record of land commissions and returns of such court,
unless the court shall otherwise order, because of the misconduct
of the commissioners.

Returns to be
recorded

15. If no suit or action shall he brought within five years next
after recording the return of the commissioners, to call in question
their adjudication, 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 con-
firmed by the verdict of a jury in any such suit, the adjudication of

26

Id s 15
1786, c 13, s 5
When adjudica-
tion of commis-
sioner and
record thereof
to be conclusive
evidence
1 H & J 153