The recording shall be made in the office of the notary designated by the interested parties, or if they be not agreed as to the designation, the same shall be made by the judge of the court. Within the five (5) days following the date on which the recording is ordered, the notary designated to make such recording shall file with the Court of First Instance, free from the payment of scheduled fees on presentation of an order to that effect, to be issued by the judge on petition of the notary himself, a certified copy of the documents entrusted to his custody; Provided, That when said term lapses without the notary’s having complied with that obligation, any of the parties on whose petition a nuncupative will may be reduced to a public instrument may appear in court to petition that said requisite be complied with.
History —Code Civil Proc., 1933, § 541; Apr. 9, 1937, No. 20, p. 141.