poses and to the effects therein stipulated or provided, notwithstanding that the fact may be otherwise, and that such agent or officer may have had no authority to issue any such instrument on behalf of his said principal, except for goods, chattels or commodities actually received and in possession at the time of such issue.

1876, ch. 262, sec. 3.

3. Every acceptance of an order and every other voucher whatsoever, for any goods, chattels or commodities as on storage or deposit, whereby the custody or possession of such goods, chattels or commodities shall be acknowledged or certified by any warehouseman, wharfinger or other person or corporation within this State, and which acceptance or voucher shall not on its face provide or stipulate in terms that it shall not be negotiable, shall be held and taken when issued to be a negotiable receipt and instrument to all intents and effects within the meaning and operation of this article.

Ibid. sec. 4.

4. Any instrument declared negotiable by this article shall be held and taken to have been issued within the meaning of this article when it shall have been signed and shall have been delivered out of the custody of the person or corporation to be charged or bound by the same, or of his or its agent or officer aforesaid.

Ibid. sec. 5.

5. No person or corporation, or agent or officer of any person or corporation in this State, shall issue any bill of lading, receipt, acknowledgment or voucher whatsoever, for goods, chattels or commodities of any kind to be transported on land or water, or on both, or any receipt, acceptance of an order or other voucher for goods, chattels or commodities, as on storage or deposit in this State, until and unless the whole of the said goods, chattels and commodities shall have been actually received to be transported by such person or corporation in the one case, or shall be actually in the possession or custody, or upon the premises, or under the absolute and exclusive control of such person or corporation in the other case at the time when such instrument shall be issued;

and any principal person or corporation, or any agent or officer whatsoever, of any person or corporation, wilfully violating this section, or any of the provisions thereof, shall be guilty of a misdemeanor, and on conviction thereof, shall be subject to a fine of not less than one thousand nor more than five thousand dollars, in the discretion of the court.

State v. Bryant, 63 Md. 66.

1876, ch. 262, sec. 6.

6. No warehouseman or corporation or person whatsoever having issued or caused to be issued or having outstanding, and issued by any agent or officer of such person or corporation as aforesaid, any receipt, acceptance of order or other voucher for goods, chattels or commodities as on deposit or storage with or in the custody or on the premises, or under the control of such person or corporation, shall issue any other receipt, acceptance of order or other voucher whatsoever for the same, or any part thereof until the said first issued instrument shall have been returned and cancelled or destroyed; and no person or corporation whatsoever having issued or having outstanding as aforesaid, any such receipt, acceptance of order or other voucher aforesaid, and no agent or officer of any such person or corporation shall part with, deliver or remove or permit to be delivered or removed, the goods, chattels or commodities in such instrument named or described, or any part thereof, except only to or by the holder of said instrument, or upon his order, and upon the presentation of said instrument with his endorsement in every case, or without cancelling or destroying said instrument in case of complete delivery or removal or endorsing thereon the quantity and description of the goods, chattels or commodities delivered or removed, and the names of the persons to whom delivered, or by whom removed in case such delivery or removal shall be partial only; and any principal person or corporation or agent or officer of any person or corporation wilfully violating this section or any of the provisions thereof, shall be guilty of a misdemeanor, punishable by a fine of not less than one thousand, nor more than five thousand dollars in the case of a corporation, and in the case of an individual by a fine of not less than one hundred, nor more than five thousand dollars, and imprisonment in the penitentiary

for a period of not less than one year, nor more than three years, in the discretion of the court; provided, however, that nothing herein contained shall be construed to prohibit the bona fide issuing of duplicate receipts, acceptances or other vouchers aforesaid, with the word "duplicate" conspicuously written or printed upon the face thereof, in the stead of any original outstanding receipts, acceptances or other vouchers aforesaid, which may have been lost, destroyed or mislaid.

State v. Bryant, 63 Md. 66.

1876, ch. 262, sec. 7.

7. No person having any claim, right or action whatever under this article or otherwise upon or under any instrument declared negotiable thereby, or by reason of the issuing, negotiation or holding of said instrument, or the doing of any matter or thing by this article forbidden or made punishable, shall be in any way hindered or precluded from asserting or maintaining the same by or because of any prohibitory or punative provision is this article contained.

1. What court to issue commission. 11. Attachment for non-attendance.

2. Who entitled to commission.

3. When lands lie in this or adjoin- !

12. Oath to surveyor and chain

carriers.

ing State or in adjoining coun- 13. Depositions of witnesses.

ties.

4. Separate parts of same tract.

14. Marking boundaries; plats and

certificates.

5. Notice of proposed commission; 15. When record conclusive; qualifi

P. G. L., (1860,) art. 15, sec. 1. 1786, ch. 33, sec. 2.

1. Any commission authorized by this article may be issued by the circuit court for the county where any part of the land

lies; or if the land, or part of it, lies in the city of Baltimore, it may be issued by the superior court for Baltimore city; and the word county, as used in this article, shall include the city of Baltimore.

P. G. L., (1860,) art. 15, sec. 2. 1786, ch. 33, sec. 2. 1787, ch. 22, sec. 2.

1808, ch. 46, sec. 2.

2. Any person or body corporate, entitled to any estate of inheritance in lands in possession, remainder or reversion, or having a life estate therein, or an estate for years by a lease having twenty-one years to run, duly executed and recorded, if such lands are described by courses and distances only as to any of the lines thereof in the grant or deed under which they are held, or if any of the bounds called for are lost, may have a commission to mark and bound such lands by complying with the provisions of the following sections.

Ibid. sec. 3. 1793, ch. 70, sec. 4.

3. In all cases where the same tract is held by different persons, and lies partly in one county and partly in another, or partly in this State and partly in an adjoining State, any person interested may have a commission to mark and bound the whole tract when lying wholly in this State, and also his particular part; and when lying partly in this State and partly in an adjoining State, any citizen of this or of any of the United States, may have a commission to mark and bound such part as shall lie within this State.

Ibid. sec. 4. 1786, ch. 33, sec. 8.

4. Where several persons hold separate parts of one and the same tract, they, or any of them, may have a commission, as well to mark and bound the whole tract as their particular parts thereof; and where any person holds a younger survey, and is thereby interested in the location of interfering or neighboring elder surveys, he shall be entitled to a commission to mark and bound any such elder survey, if the person, or some one of the persons, applying for the commission, shall have given notice in writing to the person seized of such elder tract, of his or their intention of applying for such commission, nine months before

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 advertisement 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 v. 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 aforesaid, 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 commissioners, 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. 33, 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