CHAPTER 615

An Act to amend and reenact § 8-817 of the Code of Virginia, relating
to perpetuation of testimony.
[H 919]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:
ta That § 8-317 of the Code of Virginia be amended and reenacted as

ollows:

§ 8-317. How testimony perpetuated.—A person desirous of per-
petuating the testimony of witnesses as to a matter, or matters, in respect
to which there is no suit or action, may file with * the court wherein, if
there were a bill to perpetuate the testimony, such bill might be filed, a
petition addressed to such * court stating such matter, or matters, and
what persons may be affected by the testimony. * The court shall, by order
directed to a commissioner in chancery of such court, appoint for the
beginning of the proceeding on the petition, a time and place, whereof
reasonable notice shall be given to the persons who may be so affected
and shall specify a time for completion of such proceeding. Notwithstand-
ing any adjournment of such proceeding as authorized below, the time
for completion thereof shall be extended only by order of such court
granted for good cause shown. If any of * such persons be an infant, or
an insane person, the * court shall appoint a guardian ad litem to attend
on his behalf. If any of them be nonresidents of Virginia, or be unknown
to the petitioner, notice shall be given to such persons by publication in
accordance with § 8-76. At such time and place, the commissioner shall
begin the proceeding and before finally closing the same shall take in
writing the evidence of any witnesses adduced by the petitioner, or by any
other person in interest, with respect to the matter, or matters, set forth
in such petition.
Upon request of any party in interest, * the commissioner shall
issue summons for the attendance of witnesses, and he shall have the same
powers to compel the attendance of witnesses summoned upon behalf of
any party in interest and to adjourn the proceeding from time to time and
place to place as provided in §§ 8-252, 8-254 and 8-255. He shall return
such petition with a report of his proceedings thereon, and the testimony
taken by him, to the clerk’s office of the court by which he was appointed.
Such court, or the judge thereof in vacation, on motion of the petitioner
or any other party in interest, shall, if it appears that proper and suffi-
cient grounds therefor exist, enter a decree or order directing that the
testimony so taken be perpetuated and preserved.

The cost of any such proceedings shall be paid by the petitioner,
except that the other parties in interest who adduce witnesses on their
behalf or who make use of witnesses adduced by others, shall each pay
their proportionate part of the cost of the transcribed testimony and
evidence shown by the report of the commissioner to have been taken or
given on behalf of each of such parties.

If the testimony to be so taken shall be in relation to the monuments
or lines marking the boundaries of any tract or parcel of land, the names
and places of residence of all persons whose interests may be affected by
the establishment and location of such monuments or lines, if known to
the petitioner, shall be set out in the petition, and such interested persons
shall be given notice as above provided for.