16.
(1) When the court orders the issue of summonses to the Fiscal for service on the defendants in a partition action, the court shall forthwith order the issue of a commission to a surveyor directing him to survey the land to which the action relates and to make due return to his commission on a date to be fixed therein, which date shall be a date earlier than thirty days prior to the date specified in the summons: |
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(2) The commission issued to a surveyor under sub- section (1) of this section shall be substantially in the form set out in the Second Schedule to this Law and shall have attached thereto a copy of the plaint certified as a true copy by the registered attorney for the plaintiff. The court may, on such terms as to costs of survey or otherwise, issue a commission at the instance of any party to the action, authorizing the surveyor to survey any larger or smaller land than that pointed out by the plaintiff where such party claims that such survey is necessary for the adjudication of the action. |
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