Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 1104
Notice of commission meeting; powers of commission; recording of certificate
The commissioners shall give at least 20 days notice of their meeting to execute the commission by advertisements at the courthouse door and at 5 public places in the 100 where the land lies; and shall meet on the land accordingly. They shall be sworn to mark and bound the land mentioned in the commission most agreeably to the true original location thereof, according to the evidence, without favor, affection or partiality, according to the best of their experience, ability and judgment, and make true return thereof. They may direct writs of summons for witnesses to be issued out of the Court, and the neglect of the witnesses to attend may be punished as a contempt of court. They may cause the land mentioned in the commission, or any other land, to be surveyed, and may appoint 1 or more surveyors and chain carriers to make the survey, and may swear them to do their duty faithfully and impartially, according to the best of their skill and ability. They may also swear the witnesses. They may adjourn from time to time. The commissioners, or a majority of them concurring, shall cause the land mentioned in the commission to be marked and bounded according to its true original location, and shall return a certificate of the marked bounds or lines to the Court, under their hands, which return shall be recorded in the recorder’s office of the county, unless it is set aside by the Court for irregularity.
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In this title (40 sections)
- 25-746 · Partition of several tracts held by same joint owners; power…
- 25-747 · Partition of several tracts where some parties hold interest…
- 25-748 · Power of commissioners to make return of partition of part of…
- 25-749 · Certified copy of record as evidence
- 25-750 · Limitation of appeals
- 25-751 · Powers of Court of Chancery
- 25-901 · Liability in actions for waste
- 25-902 · Liability of an assignee and tenant in possession
- 25-903 · Liability of husband or assignee of tenant
- 25-904 · Liability of cotenants
- 25-905 · Actions by heirs
- 25-906 · Accidental fire in house not waste
- 25-907 · Service of writ; judgment by default
- 25-908 · Procedure upon death of either party
- 25-909 · Judgment
- 25-910 · Writ of estrepement
- 25-911 · Injunction or writ of estrepement upon petition of lienholder
- 25-1101 · Unauthorized removal of landmarks and marking of boundary…
- 25-1102 · Perpetuating testimony of boundaries
- 25-1103 · Marking and bounding lands; procedure
- 25-1104 · Notice of commission meeting; powers of commission; recording…
- 25-1105 · Effect of commission’s return; savings provision
- 25-1106 · Boundaries fixed by agreement of parties
- 25-1107 · Right of holders of separate parts of tract or of younger…
- 25-1108 · Fees of commissioners, surveyors, chain carriers and witnesses
- 25-1301 · Lawful fences; height; barbed wire
- 25-1302 · Liability for trespasses; fence-viewers to assess damages
- 25-1303 · Fence-viewers; appointment; powers; quorum; compensation
- 25-1304 · Maintenance of partition fences; liability for enclosure of…
- 25-1305 · Judgment of fence-viewers; enforcement and penalty for…
- 25-1306 · Division ditches and fences; remedy for neglect to maintain;…
- 25-1307 · Recovery of awards by fence-viewers
- 25-1401 · Liability for damages; court’s authority to determine whether…
- 25-1402 · Method of ascertaining value of trees removed
- 25-1403 · Failure of defendant to answer
- 25-1404 · Abatement of action
- 25-1501 · Liability of owners or occupiers of land for injury to guests…
- 25-1601 · Written notice of pendency of action
- 25-1602 · Recording; indexing; cancellation
- 25-1603 · Filed notice of pendency; effect as to persons claiming…