Chap. 62.—An ACT to amend and re-enact sections 18 and 1-4 of chapter
176 of the Code of 1860.

Passed February 21, 1866.

1. Be it enacted by the general assembly of Virginia, That
sections thirteen and fourteen of chapter one hundred and
seventy-six of the Code of eighteen hundred and sixty be
amended and re-enacted so as to read as follows:

Ҥ13. Any person desirous of proving the contents of
any paper so filed, or anything which was of record in any
such book, may file with a commissioner, to be appointed for
this special purpose for each county and corporation having
a circuit court, by the judge of said court, a petition in wri-
ting, stating the nature of the paper or record, the contents
of which he desires to prove, and what persons may be
affected by such proof: whereupon, the said commissioner
shall appoint a time and place tor proceeding on the said
petition, whereof reasonable notice shall be given to all par-
ties named in said petition, or interested in the proceeding,
and to any others who shall be known to the commissioner,
or who shall claim to be so interested. If any such party
interested be an infant, insane person, or married woman, the
aid’ commissioner shall appoint a guardian ad litem to attend
to the case on behalf of such party. If the commissioner
appointed under this section shall be interested in any case,
the judge may appoint a special commissioner to act in that
particular case.”

Ҥ 14. The said commissioner shall, at the instance of any
person interested, take, in writing, the evidence of all wit-
nesses who may be produced before him, or whom he may
think it necessary to examine. Ile shall keep a journal of his
proceedings in each case, which he shall return, with the evi-
dence taken by him, or filed before him, with such explana-
tions and comments as he may deem necessary, to the circuit
court of the county or corporation in which the book or
paper mentioned in the petition was, at its next term; and
the court shall make such order, in respect to the said book
or paper, or anything therein, as may be necessary to secure
the benefits thereot to the parties interested, or such other
order as may be proper in the case. The provisions of sec-
tions eight and ten of chapter one hundred and seventy-five
shall be applicable to such reports. The commissioner, for
his services under this and the last preceding section, shall
be allowed the same fees that are allowed to commissioners
in chancery.”

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

Chap. 62.—An ACT to amend and re-enact sections 18 and 1-4 of chapter
176 of the Code of 1860.

Passed February 21, 1866.

1. Be it enacted by the general assembly of Virginia, That
sections thirteen and fourteen of chapter one hundred and
seventy-six of the Code of eighteen hundred and sixty be
amended and re-enacted so as to read as follows:

Ҥ13. Any person desirous of proving the contents of
any paper so filed, or anything which was of record in any
such book, may file with a commissioner, to be appointed for
this special purpose for each county and corporation having
a circuit court, by the judge of said court, a petition in wri-
ting, stating the nature of the paper or record, the contents
of which he desires to prove, and what persons may be
affected by such proof: whereupon, the said commissioner
shall appoint a time and place tor proceeding on the said
petition, whereof reasonable notice shall be given to all par-
ties named in said petition, or interested in the proceeding,
and to any others who shall be known to the commissioner,
or who shall claim to be so interested. If any such party
interested be an infant, insane person, or married woman, the
aid’ commissioner shall appoint a guardian ad litem to attend
to the case on behalf of such party. If the commissioner
appointed under this section shall be interested in any case,
the judge may appoint a special commissioner to act in that
particular case.”

Ҥ 14. The said commissioner shall, at the instance of any
person interested, take, in writing, the evidence of all wit-
nesses who may be produced before him, or whom he may
think it necessary to examine. Ile shall keep a journal of his
proceedings in each case, which he shall return, with the evi-
dence taken by him, or filed before him, with such explana-
tions and comments as he may deem necessary, to the circuit
court of the county or corporation in which the book or
paper mentioned in the petition was, at its next term; and
the court shall make such order, in respect to the said book
or paper, or anything therein, as may be necessary to secure
the benefits thereot to the parties interested, or such other
order as may be proper in the case. The provisions of sec-
tions eight and ten of chapter one hundred and seventy-five
shall be applicable to such reports. The commissioner, for
his services under this and the last preceding section, shall
be allowed the same fees that are allowed to commissioners
in chancery.”

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