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THOMAS SIM LEE, Efquire, Governor.
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1793.
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miftaken conftruction of the powers of this act of incorporation intended to be
granted, any ordinance, refolution or act, fhould be made, or any matter done
or tranfacted, by the faid corporation, contrary to its powers and authorities
hereby granted, and though all fuch ordinances, refolutions or acts, fhould be
void, yet they fhall not by the general affembly, nor any court of law, be deemed
or adjudged a forfeiture of this act of incorporation, but the fame fhall be and
remain inviolable and entire to the faid corporation, in perpetual fucceffion; and
all their ads, conformable to their powers, fhall remain in full force and validity,
the nullity of fuch illegal acts notwithftanding; and this act of incorporation and
conftitution of government, and every part thereof, fhall be good and available
in all things in the law, according to the true intent and meaning thereof, and
fhall be conftrued, reputed and adjudged, in all cafes, moft favourably to the
faid corporation, and their fucceffors, for ever; provided always, that the whole
may be annulled, or any part thereof changed or altered, with the concurrence
of two fucceffive legiflatures.
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C H A P.
LXIX.
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III. And be it enacted, That this act of incorporation and conftitution of
government fhall commence and be in force on the firft day of January, in the
year feventeen hundred and ninety-five, if the fame fhall be confirmed by the
general affembly at their feffion in November, one thoufand feven hundred and
ninety-four, and not otherwife.
C H A P. LXX.
A Further fupplement to an act, entitled, An act for marking and
bounding lands.
WHEREAS doubts have arifen, whether the commiffioners appointed
by any county court, under the act for marking and bounding lands,
have power to fummon and fwear evidences to prove and perpetuate
the bounds of the petitioner's land, notwithftanding the fame may have become
uncertain, obfolete and decayed; therefore,
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Commence-
ment.
Paffed De-
cember 28.
Preamble.
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II. Be it enacted, by the General Affembly of Maryland, That when any com-
miffion fhall hereafter be iffued by any county court, under the act for marking
and bounding lands, the commiffioners therein named, or a majority of them,
fhall have full power and authority to iffue fummonfes for all perfons nominated
by the petitioner, or other perfon affected, or to be affected thereby, and to ad-
minifter an oath, or affirmation, to them, touching their knowledge of the
boundary or boundaries to be perpetuated, and take depofitions refpecting the
fame, and make return thereof, with their other proceedings, to the county
court, to be recorded; and the fame, when recorded, fhall be as good evidence,
in law or equity, as if a commiffion for that purpofe alone had been iffued under
the act, entitled, An act for the eafe of the inhabitants in examining evidences
relating to the bounds of lands, and in the manner of obtaining injunctions, any
law, ufage or cuftom, to the contrary notwithftanding.
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Commiffion-
ers may iffue
fummonfes,
&c.
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III. And be it enacted, That in cafe any of the faid witneffes, when fo as
aforefaid fummoned, fhall not attend, the commiffioners, or any two of them,
fhall apply to the clerk of the county for an attachment, which fhall iffue ac-
cordingly, to compel their attendance.
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And apply for
attachments,
&c.
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IV. And be it enacted, That in all cafes where the fame tract is held by dif-
ferent perfons, and lies partly in one county and partly in another, or partly in
this ftate and partly in an adjoining ftate, any perfon interefted may have a com-
miffion, on application to the county court, to fix, mark and bound, the whole
tract, when lying partly in one county and partly in another, and alfo of his
particular part; and when any tract fhall lie partly in this ftate and partly
in an adjoining ftate, any citizen of this, or any of the United States, may
have a commiffion, on application as aforefaid, to mark and bound fuch part
as fhall lie within this ftate, under the regulations of the original act to
which this is fupplementary; and in fuch cafes the party or parties fo ap-
plying fhall derive equal benefit from the return and recording his or their com-
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Where land it
held by dif-
ferent perfons,
&c. the party
interefted may
have a com-
miffion, &c.
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