When several persons hold separate parts of the same tract, they, or any of them, may have a commission to mark and bound the whole, as well as the several parts thereof. When any person holding a younger survey is interested in the locating of interfering or neighboring elder surveys, the person shall have a commission to mark and bound the elder survey. Three months’ written notice shall be given to the person seised of the elder tract of the intention to apply for such commission. The commission may be obtained only if the person seised of the elder tract neglects to apply for and obtain the commission. The commission shall be executed in like manner and have the same effect as if obtained by a person seised of the land therein mentioned.

Code 1852, § ?998; Code 1915, § ?3622; Code 1935, § ?4171; 25 Del. C. 1953, § ?1107; 84 Del. Laws, c. 42, § 91;