The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-03-26

SECT. T. This act shall take effect and after the
first day of June, eighteen hundred and sxtyseven.
lApproved March l, 1851
Chapter 12S.
AN ACT to provide for the restoration of the records
of the court of probate for the county of Cumber
land GG
Whereas the records and files of the probate court
for Cumberland county were wholly destroyed by
the caamitous fire in the city Of Portland on the
fourth day of July last
Be it enacted &c. t
SECTION l. Executors, administrators guardians
assignees and testamentary trustees or their repre-
sentatives, having in their possession any original
letters OF administration guardianship any Ii
censes or other papers issued under the probate laws
from said court before the fourth day of July eigh
teen hundred and sXtyix may present such original
papers to the judge of the any regular session.
and the register shall thereupon record the same,
the Judge shall direct Such papers may also be pre-
scented by any other person. recorded in like manner
After such record the originals may be received again
by the person presenting the same. W
SECT. 2 Duly authenticated copies of any will and
OF the probate thereof, which was admitted to pro-
pate IN said court and recorded before the day aore
the person officially in possession Of the same or his
representative or by any other person interested;
and the same together with the certificates of anthem
Ccatlon, shall be recorded anew by the register
SECT. 3. Duly authenticated copies of the record
8 Of any other instrument or paper which had been
aforesaid may be presented to the Judge in like man.
ner, and the same shall be recorded anew.
SECT 3 4 Upon the petition Of any person inter-
ested, If the judge shall be satisfied that any mpor-
tant subssting interests require that any instrument
paper or copy of record mentioned in the three pre-
cedng sections, should be so presented and recorded
ne may issue citation to any person alleged with
reasonable cause to be the holder thereof requiring
him to present the same or show to the contra
ry If the person cited shall ont appear after proof
of personal notice or if upon his appearance he shall
neglect or refuse to perform the order and decree of
the court, the judge may commit him to the common
Jail of the county, there to remain until he shall be
discharged by the judge of probate or by some JUS
tice of the supreme judicial court Instruments pa
pers and copies procured under any such citation
shall be recorded anew as hereinbefore provided q
SECT S. The records made under the preceding
sections, and duly certified copies thereof shall be
conclusive evidence in any court of the contents of
the instruments and papers so recorded.
not duly authenticated of anv Win 70 oIeaeG oue
been admitted to probate in said before the day
aforesaid, may be presented to the judge in like
ner by any person interested, upon his written petit
ton praying that such copy may be verified and esab
shed as the will of the testator. Any person inter-
ested under such WILL alleging upon his belief that
acopy of the same cannot be obtained except by the
aid OF legal process may present his petition to the
judge praying for time to be appointed for hearing
thereon and for the verication and establishment of
such copy when produced the will of the testator
The petitioners may summon any person by subpoena
duces ecum issued by the register of probate to ap
pear at such time and produce such alleged COPY
For disobedience OF such summons in any manner,
the person summoned snall DC Haoe as for the like
this section shall be supported by the oath of the ne
ttioners taken before the judge regsterof probate
some justice of the peace Upon all such PETITIONS
the judge shall order such notice is required by law
upon the probate of original wills, and such other
nOtlce as lie may ueem suitable Upon the return of
such notice in any case if the judge shall determine
that the allegations and prayers of the potion are
sustained and warranted by the proofs exhibited he
shall decree that such copy be established as the will
of the testator that such statement be established
as the substance of the will and shall order the same
to be recorded Such record and certified copies of
the same shall be prima face evidence in any court
of the contents of such WILL orof the substance of
the same, and admissible secondary evidence
thereof
SECT. I. Any person who, before the day afore-
said. had given bond to the judge Of probate