CHAPTER 206

AN ACT TO AMEND CHAPTER 25, TITLE 12, DELAWARE CODE, RELATING TO RECORDS IN THE OFFICE OF THE REGISTER OF WILLS IN AND FOR NEW CASTLE COUNTY, BY PROVIDING FOR A METHOD OF COPYING THE ORIGINAL VOLUMES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 2509, Title 12, Delaware Code, is hereby amended by adding thereto the following subsection:

(c) The Register of Wills, in and for New Castle County, upon the advice and approval of the Resident Associate Judge of the Superior Court, in and for New Castle County, may photocopy or microfilm any volume of the probate records in his official custody, the age and condition of which render its continued use by the public inadvisable. Such photostat copy or microfilm shall be placed in appropriate covers and shall match the current volumes of probate records so far as it is practicable. The Register of Wills shall certify that the contents of such copies are complete and correct, and such certification shall be included in every such photostat copy or microfilm. When so copied and certified, the Register may issue certified copies of any instrument contained in the photostat or micro-film copy of the original volume, and any such certified copy shall be admissible in evidence in any Court of Justice in the same manner and entitled to the same weight as certified copies made from the original volume. Any original volumes of probate records so copied and certified by the Register of Wills, may be delivered to the Public Archives Commission, with the consent of the State Archivist, for preservation in the Public Archives of the State at Dover. The Register of Wills shall certify to the State Archivist that the copying of the original volume or volumes was done under his authorization and supervision and he shall take a receipt for the same and the receipt shall be preserved in the office of the Register of Wills, in and for New Castle County.

Approved December 23, 1963.