1852.

LAWS OF MARYLAND.

CHAP. 316.

Vacancy—
how filled.

space of one year from its passage; and in case of the
death, resignation or removal from the county, or other
disqualification of said commissioner, the justices of the
Orphans' court shall fill such vacancy, and the said com-
missioner, shall receive a salary to be paid to him by the
commissioners of Dorchester county.

Oath of com-
missioner.

SEC. 21. And be it enacted, That the said commis-
sioner, before entering upon the duties of his office,
shall take and subscribe the oath now required of offi-
cers under the constitution of this State, and a further
oath to execute the duties of his office, according to the
terms prescribed in this act, and in the constitution for
other offices, and shall provide himself with a proper
and convenient room, books and stationery for himself
and clerk, for the transaction of business, which shall
be paid for as other county charges, and he shall have
power to adjourn his investigations from time to time,
in his discretion, and as shall be most conducive to the
purposes for which he is appointed.

Costs of cases.

SEC. 22. And be it enacted, That the costs accru-
ing in all cases depending before said commissioner
shall abide the decision of the Circuit or Orphans'
court, that is to say: the Circuit court shall determine
the question of costs in all cases except where the mat-
ter relates to the records and proceedings of the Or-
phans' court, when the latter court shall make the de-
termination, and the payment of the costs may be en-
forced by execution in the usual way.

Authority to
have recorded
original wills.

SEC. 23. And be it enacted, That any person or
persons having any original will or wills, or any other
instrument of writing, or attested copies of a will or wills,
or other instrument of writing, which shall appear to have
been heretofore recorded in the office of the register

of wills of Dorchester county, and the record thereof
has been destroyed, may, and is hereby authorised to
have the same recorded again, and the register of wills

of said county, is hereby required upon application,
and at the cost and charge of the party or parties inter-
ested, to record the same, together with the endorse-
ment of the former enrollment on the back of said will
or wills, or other instrument of writing, in a well bound
book, in folio, for that purpose, and the said register
shall, on the back of said will or wills, or other instru-
ment of writing, make an endorsement of such second
enrollment, and also the folio of the book in which the
same shall be enrolled.

Duplicate
commissions.

SEC. 24. And be it enacted, That the Governor be
and he is hereby authorised to issue duplicate commis-
sions to the justices of the Orphans' court, and the reg-