(735 ILCS 5/8-2301) (from Ch. 110, par. 8-2301)
Sec. 8-2301.
Perpetuation of testimony.
Any person may take the deposition
of a witness to
perpetuate the remembrance of any fact, matter or thing, relating to the
boundaries or improvements of land, the name or former name of water
course, the name or former name of any portion or district of the
county, the ancient customs, laws or usages of the inhabitants of any
part of this country, as far as they may pertain to the future
settlement of land claims or the marriage or pedigree of any person, any
other matter or thing necessary to the security of any estate, or to any
private right by filing a petition supported by affidavit in the circuit
court of the proper county. The petition shall set forth, briefly and
substantially, the petitioner's interest, claim or title in or to the subject
concerning which the petitioner desires to perpetuate evidence, the fact intended to
be established, the names of all other persons interested or supposed to
be interested therein, whether there are any persons interested therein
whose names are unknown to the petitioner (who shall be designated as
unknown owners), and the name of the witness proposed to be examined.
Except as in this Section otherwise provided, the procedure for the giving of
notice to interested persons, including unknown owners, and the manner
of taking the deposition shall be that provided by the rules of the
Supreme Court now or hereafter in effect for the taking of depositions
for the perpetuation of testimony. A deposition taken under this Section
may be used as evidence in any case in the same manner and subject to
the same conditions and objections as if it had originally been taken in
that case. The deposition is admissible against parties notified as
unknown owners to the same extent as it is against other notified
parties.
(Source: P.A. 82-280.)
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