Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-11-28


SEC. 4. Section four Of the act mentioned in
the first section of this act is hereby repealed.
Approved, November 10, 1857.
No. Ian Act in relation to notices of Protest
upon bills of Exchange, Checks, Drafts and
Promissory Notes.
IL is hereby enacted, SC. -.r
Sfc. /. notice Of the protest Of any bill Of
exchange, draft, check or promissory note, shall
hereafter bc suffcient to charge any party to
such instrument, who resides in the town in
which such instrument is made payable, If such
notice is Deposited in the post office nearest the
residence OF such party, in the town in which
such instrument is made payable, directed 10 the
party to be charged, and the postage thereon
prepaid.
Approved, November 10, 1857.
No. 10 AN Act to repeal an Act therein mentioned.
a rs hereby enacted, Sc.
SEC, l. That an act providing for the refer
cnce OF actions in the county court, approved
November lS, 1856, be and The same is hereby
repealed Prooided, thai nothing in this act con
tanned shall affect any case where a trial has
been had, or commenced under the provisions
OF the act aforesaid.
SEC. 2. This act shall take effect from its
passage.
Approved, November o, 1857.
No. li.-An Act relating to the Records of Pro-
bate Courts.
IL is hereby enacted, Sc
SIC. J.. II in any probate district in this
State. any part or all the records or files of the
probate courts for that district, have been or
shall hereafter be destroyed by fire or otherwise,
any person interested in any estate, which. at
the time OF the destruction, shall have been set.
tied or shall have becn in progress OF settlement
IN that District may present 10 the probate court
oil such district for record, any certified COPY Of
the records OF the proceedings Of such court, or
any copy OF the report Of the appraisers or any
copy OF the report OF commissioners for allowing
claims, or for the partition or distribution of the
estate, certified respectively by such appraisers
or commissioners, he originals OF which have
been so destroyed, and on receiving such copies
the probate court, shall by publication, or oher.
wise, give notice to all persons interested, OF the
iime and place, when aud where hearing will
be had on the question, whether said copies shall
be recorded or not; and upon such hearing, the
court may, IN Its drscreton order such copies TO
De recorded, ard when such order is ma le the
recording officer OF such court shall record the
same, provided the p rson presenting such copies
Will pay the legal fees for such service and the
records so made shall be treated as original rec.
ords, and copies thereof duly certified Shall have
the same validity for all purposes as copies of
original records.
SEC. 9 lfin any probate district, the re-
cording officer of the probate court, for that dis
tric, has failed shall fail to record all the pro-
ceedinps OF the court previous to the termination
OF his office, it shall be his duty, if living, forth
with to complete the records and if lie fails so
TO d., within reasonable time, it shall be the
duty OF the recording officer than in Office 10 re-
cord and sign the same, a, the expense of the
person, whose duty il was 10 make the record
provided he has received the fees for making
them, TO be recovered of him in any proper az
tlon by the person making the record. If by
reason of death, insolvency or otherwise, the
fees cannot be collected from the person whose
duty it was TO make the records, the fees shall
be paid from the county treasury as herein af-
tel provided, and in this case the person whose
duty it was to make the records shall thereafter
be responsible to the county for the amount
But il the fees have not been paid 10 the deiin-
qaint recording officer they shall be charged to
the person whose duty il shall he to pay the pro-
bate fees for the settlement of the estate. The
records made as provided in this section, BY
PEI son not in Office al the time Of the pr lceet-
ings TO be recorded, shall be as valid as though
made by the person whose duty il was to make
them, and tn. copies of them shall have the
same validity in all courts aud elsewhere as the
copies Of other records
SEc. 8. 1t shall be the duties of the Judges
Of the county court Tor the county in which
such probate district is located to audit and al
low the account Of the recording officer for his
fees, which according to the second section ol
this act are to be paid from the county treasury.
SEC. 4. This act shall take effect from its
passage.
Approved, November 9, 1857.