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The Maryland Code, Public General Laws, 1888
Volume 389, Page 125   View pdf image
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ART. 15.] DEPOSITIONS—RETURN. 125

duty as surveyor or chain carrier, faithfully and impartially,
according to the best of their skill; and shall also administer an
oath to every witness, 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.

P. G. L , (1860, art. 15, sec. 13. 1793, ch. 70, sec. 2.

13. The commissioners shall take the depositions of the
witnesses, 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 perpetuate testimony issued from a court
of equity.

Keech v. Dansey, 1 H. & McH. 20. Helms v. Howard, 2 H. & McH 57.
Ruff v. Webster, 4 H. & McH 499 Davis B Batty, 1 H & J. 264. Green v.
McClellan, 4 H & J 200. Oliver v. Palmer, 11 Q & J. 145.

Ibid, sec 14. 1786, ch. 33, sec 4.

14. The commissioners, or any two or more of them, may
adjourn from time to time, 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 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 commis-
sioners.

Ibid 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 ques-
tion 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 termi-
nation of the lines; or if the adjudication of the commissioners,
shall be confirmed by the verdict of a jury in any such suit, the

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 125   View pdf image
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