(a) Any person interested in perpetuating testimony respecting boundaries or landmarks
may file a petition in the Court of Chancery representing the case, and naming the
tenants and the owners of adjoining land, and praying for an order to take depositions
to perpetuate testimony respecting the bounds. A summons shall be issued for summoning the tenants and owners to appear and show
cause if they have any objection to such order. If any of them cannot be found, the Court may order proper service or publication
of notice to them. If no sufficient objection is shown, the Court shall order that commission issue
to 1 or more persons to take depositions on interrogatories filed after 10 days written
notice of the filing thereof. Notice to an attorney or solicitor of record shall be sufficient notice to the party
for whom he appears, and notice need not be given to any person not residing in the
county where the lands lie.
(b) Each party may produce witnesses to be examined under the commission. The Court may suppress the depositions and make new orders, or it may order the
depositions to be recorded, and they shall then be evidence against the parties to
the petition and their privies in any suit or controversy in which the bounds which
they concern shall come in question, in case of the death of the witnesses or inability
to procure their attendance.
(c) If any person is not summoned or notified, the order for commission may be made
without notice to that person; but that person shall not be affected by the proceedings.
(d) Each party shall bear the costs of the attendance and examination of witnesses
produced by each such party; all the other costs shall be paid by the petitioner.
(e) The commissioners may employ a clerk. The commissioners and the clerk shall be sworn faithfully to perform their duty. A commission directed to several may be joint and several.
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