Chap. 77.—An ACT to amend and re-enact sections 11 and 12, chapter
128, Code of 1878, as amended by an act approved March 20, 1877,
providing for recordation of fiduciaries’ accounts.

Approved February 20, 1878.

1. Be it enacted by the general assembly, That sections
eleven and twelve of chapter one hundred and seventy-three,
as amended by an act approved March the twentieth, eigh-
teen hundred and seventy-seven, be amended and re-enacted
so as to read as follows:

§ 11. When any fiduciary account is settled in a chancery
suit, it shall be the duty of the clerk of the court in which
the said suit is, as soon as may be after the decree confirm-
ing the commissioner’s report of such account has been ren-
dered, to certify to the clerk of the court wherein the fidu-
ciary qualified, a copy of said report, with a memorandum at
the foot thereof, stating that the same has been corfirmed,
and giving the style of the suit and the date of said decree.
The report und memorandum so certified to the clerk of the
court wherein the fiduciary qualified, shall be recorded by
such clerk in the same book with reports recorded under
section twenty-eight of chapter one hundred twenty-eight
of the Code of eighteen hundred and seventy-three. The
court, in the same decree in which the report is confirmed,
Or in a subsequent order entered in the suit, may suspend
the certifying and recordation of the report provided for un-
der this section, for such time as to the court may appear
right and proper, and in any case in which, after the report
has been certified or recorded as aforesaid, the account has been
in any way remodeled or otherwise altered by subsequent
proceedings by way of appeal or otherwise. The remodeled
account, or so much of any decree or order which alters the
recorded account, shall be certified by the clerk of the court
wherein the suit m: iy be, to the clerk of the court in which
the fiduciary qualified; who shall, in said book, record the
same and note the faet and page of such last recordation on
the margin of the first recordation, When the clerk of the
court, In which the suit may be. is also clerk of the court in
which the fiduciary qualified, he shall make all the recorda-
tions and memorandums required by this act, and shall, for
such purpose, use the original p: tpers In said Cause,

§ 12. When the commissioners report refers to and em-
braces other matter than the account showing the transac-
tions of the fiduciary, the provisions of the preceding sec-
tions shall not apply to so much of said report as refers and
embraces such other matter. For making any copy under
said section, the clerk shall be entitled to the fees now pre-
scribed by law for making any copy to go out of bis office.
For recording the fiduciary account and so much of the re-
port as is required to be recorded under said section, the
clerk shall be entitled to the fees now prescribed by law for
recording reports and accounts settled ex-parte. The fees
for such copies and recordations to be paid by the person
who would have paid for the recordation, had the settlement
been an ex-parte one.

2. This act shall be in force from its passage.

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