ART. 15.] APPOINTMENT OP COMMISSIONERS. 123

the petition therefor, and the person seized of such elder tract
shall have neglected to apply and obtain a commission.

P. G. L., (1860,) art. 15, sec. 5. 1786, ch. 33, sec. 2.

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 adver-
tisement 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 in-
tention to apply to the court for a commission to mark and bound
his land, named or otherwise described in such advertisement; and
shall also give notice in writing to the persons holding the adjoining
lands, if residing thereon, or if absent, by 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 notice 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.

Weems' lessee r. Disney, 4 H. & McH. 156.

Ibid. sec. 6. 1786, ch. 33, sec. 2.

6. Upon proof being made to the satisfaction of the court, that
such advertisements were duly set up and notice given as afore-
said, 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 com-
missioners, 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.

Ibid. sec. 7. 1786, ch. 83, sec. 3.

7. The said commissioners, or a majority of them, shall give
notice of the time and purpose of their meeting, by advertisements
to be set up at the door of the court house of their county, and