Chap. 345.—An ACT to amend and re-enact Section 5428 of the Code of Virginia, as
heretofore amended, relating to examination, confirmation and recordation of
the reports of Commissioners and the return of vouchers to fiduciaries.

[S B 200]
Approved March 30, 1940

1. Be it enacted by the General Assembly of Virginia, That
section fifty-four hundred and twenty-eight of the Code of Virginia,
eee ure amended, be amended and re-enacted so as to read as
ollows:

Section 5428. Court to Examine Reports and Correct Any Errors;
When Confirmed to be Recorded; Vouchers, Et Cetera, to be Re-
turned to Parties.—The court, or judge thereof in vacation, after one
month from the time the report may have been filed in its office, shall
examine the same with such exceptions thereto as may be filed, at any
time before such examination. It shall correct any errors which shall
appear on the exceptions, and any appearing on the face of the account
whether excepted to or not; and to this end may commit the report to
the same or another commissioner, as often as it sees cause; or it may
cause a jury to be empaneled to inquire into any matter which, in its
opinion, should be ascertained in that way; or it may confirm the
report in a whole or in a qualified manner, and shall certify in the
order that it has made a personal examination of said reports, whether
excepted to or not. The clerk shall record every report which may
be so confirmed, and at the foot of it, the order of confirmation, in
what is known as will books or the book in which is recorded the
fiduciary accounts in his office and index the same according to pro-
visions of section thirty-three hundred and ninety-four.

Provided, however, that any such court may, in its discretion, by
an order entered of record, direct that such accounts shall be returned
to it upon uniform sheets of paper, of the grade prescribed by section
three thousand three hundred and ninety-nine, in such dimensions
and size as the court may prescribe, suitable and ready for binding,
and in lieu of copying such reports in blank books, may direct the
clerk to file and preserve the original accounts so returned, with the
order of confirmation at the foot, in a temporary holder, and from
time to time direct that the same be substantially bound under the
supervision of the clerk into permanent books, each properly titled
‘fiduciary account book,”’ serially numbered and properly indexed;
for which service the clerk of any court adopting this method of
recordation shall receive a fee of one dollar for each account.

All vouchers or other evidence filed with the commissioner, the
court or the clerk thereof at the time of confirmation of an account,
and not required as evidence of any further matter of inquiry pending
before the court or said commissioner, shall upon request be returned
by the commissioner or by the clerk of the court to the person who
filed the same.