ART. 15] WITNESS—SURVEYOR—DEPOSITIONS. 367

majority of them; and witnesses summoned shall attend, and
be subject to punishment by the said court for not attending,
in the same manner as on summonses issued by and returnable
to said court.

j

1888, art. 15, sec. 11. 1860, art. 15, sec. 11. 1793, ch. 70, sec. 3.

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

Ibid. sec. 12. 1860, art. 15. sec. 12. 1786, ch. 33, sec. 4.

12. The commissioners may administer an oath to the sur-
veyor, and also to the chain carriers, to execute their respective
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.

Ibid. sec. 13. 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 v Batty, 1 H. & J 264. Green
v. McClellen, 4 H. & J. 200. Oliver v. Palmer, 11 G. & J. 145.

Ibid. sec. 14. 1860, art. 15, 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