402

BOUNDING LANDS. [ART. 46.

the commissioners in the point confirmed by the jury, and between
the same parties and those claiming under them, shall conclude to

Infants, married
women, etc,
exceptecl.

every intent and purpose; provided, that every infant, married
woman, insane person, or person in prison and beyond sea, and those
claiming under either of them, shall have five years after the dis-
ability is removed to commence such suit or action.

Id s 16
1781, c 33, s 6.
Where parties
have agreed,
commissioner
not to act

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 113 arbitra-
tion, no commissioners shall have authority between the same par-
ties or those claiming under them, or either of them, to vary from,
the lines so settled, agreed, or ascertained

Id s 17
1786, c 33, s. 6
Agreement of
parties may be
recorded.

1 7. If any persons 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 Cir-
cuit Court of 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.

Id s 18.
1786, c 33, s 7.
Fees of com-
missioners,
surveyors, etc.

18. Each commissioner appointed by the court shall be entitled
to two dollars per day for each day he si all attend in the execution
of the commission. Any person acting as surveyor shall receive
such per diem allowance as shall be adjudged by the commissioners,
not exceeding four dollars per day. Each chain-carrier shall re-
ceive 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 commission to
compel such payment.

COMMISSIONS TO PERPETUATE BOUNDARIES OF LANDS.

Art 37, s. 29
17. 24, c 8, s 2.
Commission
to perpetuate
bounds of land,
bow taken
2 H & G 147,
1 H A McH 84,
182, 230, 239, 531,
4 H 4 J 200

19, Upon petition of any person seized or possessed of lands in
his own or any other right, to the Circuit Court for the county
where the land lies, or the Superior Court of Baltimore City if the
land lies in the city of Baltimore, for a commission to examine
evidences to prove or perpetuate the memory of any of the bounds
of such lands, or of any other lands whereon the lands he shall be
so seized or possessed of shall depend, or whereto they relate, the
court to which such petition shall be preferred may grant a com-
mission to four substantial and capable freeholders within the said
county or city, not being in any way related to any of the parties
or interested in the land, empowering them, or any three or two of
them (they having first taken an oath before the said court or some
justice of the peace, duly and impartially to examine and certify
such evidences), to issue summons for all such evidences as shall