
    GENERAL COURT,
    OCTOBER TERM, 1788.
    Rinaldo Johnson’s Lessee against Michael Kraner,
    EJECTMENT for a tract of land called Turkey Cock Hall, lying in Baltimore county.
    By a bill of exceptions taken at the trial of the cause, it appears, that the plaintiff,' to prove the location of the tract of land called WeIche's Adventure, as located by the plaintiff, offered to read in evidence to the Jury a land commission, on the petition of Thomas Johnson, for proving the bounds of his tract of land called Turkey Cock Hall, and the lands adjacent thereto, issued and directed to four commissioners, dated the 9th November, 1753. The return of the commission states the qualification of the commissioners by oath, and the following certificate signed and sealed by two of the commissioners, viz. “ We hereby certify, that we caused public notice to be given of our intention to meet on the within mentioned land, on Monday, the 13th day of May, 1754, for the purposes within mentioned, and that day accordingly met on said land, and then in the presence of all parties who thought proper to attend, took the depositions hereunto annexed, as witness our hands and seals, the day and year above written.”
    The defendant by his counsel objected, that the said commission and return were inadmissible, because the certificate of notice returned by the commissioners was insufficient, and because it did not appear that they had given notice, as required by the act of assembly of 1723, c. 8. entitled, “ An act for the ease of the inhabitants jn examining evidences relating to the bounds of lands, and in the manner of obtaining injunctions.”
   The Court refused to permit the said commission and return to be read in evidence to the Jury.

(Hanson, J. and Goldsborough, J.)

The Court of Appeals, at November term, 1791, affirmed the Judgment of the General Court,  