until the death of the maker thereof, unless re-delivery of the same is demanded by the said maker, or in his lifetime by his lawful agent specially authorized for that purpose, and when any such deed is re-delivered in manner aforesaid, the maker or his agent, as the case may be, shall sign a receipt for the same. 8 Transmission of wills (1) Every person other than the Master or Assistant Master who has at the time of the death of the maker thereof in his possession any deed purporting to be or entitled the last will, codicil or other testamentary instrument of any other person, or into whose possession any such deed comes after the death of the maker thereof, shall forthwith, at the first opportunity, deliver or transmit every such deed — (a) when such person resides in Harare or the district thereof, to the Master; (b) when such person resides in Bulawayo or the district thereof, to the Assistant Master; (c) when such person resides in any other district, to the magistrate for the district in which he resides or is at the time. (2) If delivered or transmitted to the Assistant Master or a magistrate under paragraph (b) or (c) of subsection (1), such person shall also furnish a duplicate or true copy thereof. (3) The magistrate shall cause such duplicate or copy to be examined and compared with the original and, if need be, corrected, and shall authenticate such duplicate or copy with his signature, and shall file and register the same, and shall forthwith transmit the original deed— (a) to the Master if the deceased person ordinarily resided at the time of his death within the area defined in the First Schedule; (b) to the Assistant Master if the deceased person ordinarily resided at the time of his death outside the area defined in the First Schedule. (4) If, in the case of a will, codicil or other testamentary instrument transmitted or delivered under paragraph (b) of subsection (1), the district of Bulawayo is not the district in which the deceased person ordinarily resided at the time of his death, the Assistant Master shall transmit the duplicate or copy of such will, codicil or other testamentary instrument authenticated as aforesaid to the magistrate for such last -mentioned district, and such magistrate shall file and register the same. (5) If, in the case of a will, codicil or other testamentary instrument transmitted under paragraph (c) of subsection (1), the magistrate to whom such deed is transmitted or delivered is not the magistrate for the district in which such deceased person ordinarily resided at the time of his death, he shall transmit the duplicate or copy of such will, codicil or other testamentary instrument, authenticated as aforesaid, to the magistrate for such lastmentioned district, and such last-mentioned magistrate shall file and register the same. (6) Every notary public shall, when called upon by the Master to do so, transmit the original minute of any notarial will, codicil or testamentary instrument passed before him to the Master. (7) Any person failing to comply with the provisions of this section shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. [Subsection amended by section 4 of Act 12 of 1997 and section 4 of Act 22 of 2001.] 9 Search for concealed will Every judge of the High Court and every magistrate or justice of the peace, upon information taken on oath being transmitted to him by the Attorney-General or the Master, or upon the information of any person made on oath before any such judge, magistrate or justice of the peace that there is reason to suspect that any will, codicil or other testamentary instrument is concealed in any place within the jurisdiction of such judge, magistrate or justice of the peace, may, by warrant under his hand, cause every such place to be searched. [Section amended by section 4 of Act 12 of 1997.] 10 Order for delivery of will If any person who is reasonably believed to be in possession of or have under his control any will, codicil or other testamentary instrument, after the death of the testator, refuses or fails to deliver or transmit the same in manner hereinbefore provided, the Master is hereby authorized and required forthwith to apply to the High Court or any judge thereof for an order of such Court or judge on such person forthwith to deliver such will, codicil or other instrument. [Section amended by section 4 of Act 12 of 1997.] 11 Registration of wills at testator’s death Every deed being or purporting to be the will, codicil or other testamentary instrument of any person which has been deposited with or transmitted to the Master or Assistant Master, as the case may be, in manner hereinbefore provided shall, after the death of the maker thereof, be registered by the Master or Assistant Master, as the case may be, in his Register of Wills, for which purpose the Master and the Assistant Master are hereby authorized and required to open or cause to be opened every such deed which may be sealed up: Provided that—