E. LOUIS LOWE, ESQUIRE, GOVERNOR.

1852.

shall be good and pleadable in any court of law or
equity in this State without stamp.
SEC. 10. And be it enacted, That whenever, and
shall cases, in which copies, or papers purporting to be
copies, of any of the records, proceedings, or papers be-
longing to, or which were deposited in, or on file in the
office of the cleric of the Circuit court, or the register of
wills, or the commissioners of the county, shall be
laid before the said commissioner, but which copies,
or papers purporting to be such, are not authenticated
by the seal of the office, it shall be the duty of said
commissioner to take proof touching the genuineness of
such copies, or papers purporting to be such, and if as-
certained by him to be genuine, such copies shall be
recorded in the proper office, and be treated in all re-
spects, and have the same effect and operation as is here-
inafter provided, with respect to copies authenticated

CHAP. 316.

Proof to be
taken touch-
ing genui-
ness of papers
purporting to
be copies of
record, &c.

under seal; Provided, that if the genuineness of such
copies is or shall be disputed, the evidence respecting
the same shall be returned by the commissioner to the
Circuit court, the Orphans' court, or the commissioners
of the county, as the case may be, to be therein de-
cided.

Proviso.

SEC. 11. And be it enacted, That the will or wills,
or other instrument of writing, so as aforesaid recorded,
and those which are hereinafter directed to be recorded,
and the record thereof, shall have the same effect and
operation in law, to all intents and purposes, as if the
records in which said will or wills, or other instrument
of writing, were heretofore recorded, or original papers
had never been destroyed.

Wills record-
ed to have
same effect, as

if original pa-
pers had never
been destroy-
ed.

SEC. 12. And be it enacted, That whenever any
last will and testament has been duly admitted to pro-
bat in the Orphans' court of said county of Dorches-
ter, and the original thereof has been destroyed, and
no certified copy of the same can be found, the said
commissioner may hear testimony in regard to the same,
as in all other matters of which he has cognizance, by
the provisions of this act, and make report of such tes-
timony to the Orphans' court, and the said court, upon
such notice to the parties interested, as to it may seem
reasonable, shall determine whether the testimony is
sufficient to establish such last will and testament, and
whether the same shall be established; and if estab-
lished, a record thereof shall be made by the register of
wills in the usual manner.

Testimony in
regard to last
will and testa-
ment.

SEC. 13. And be it enacted, That the said commis-
sioner shall have full power and authority to receive
and take testimony in relation to all papers or instru-

Testimony in
relation to pa-
pers apper-
taining to offi-