re-instated.

Records de. II. Be it enacted by the General Assembly, That stroyed, how the courts of the counties where any such losses may have accrued, or shall hereafter accrue, when any original deeds, with an indorsement of the acknowledgment or proof thereof, and order for recording the same, attested by the clerk of the court, or the copies of any deeds with the indorsement so attested, or any wills, with the indorsement of the proof and the order for recording the s o attested, or of any judgment, decree, or order of the court, in like manner attested, or of any inventory or other document before admitted to record in such court, and of all bonds, bills. notes, and all other papers necessarily filed in the office of such county, (the original of the same being lost or otherwise destroyed) shall be produced to them, sball order the clerk again to record all such original deeds, copies of deeds, or wills, with the said indorsements respectively; and all such copies of judgments, decrees, and orders of the court of their county, or of inventories or other documents; and the said clerk, when he shall have recorded any thing in pursuance of this act, shall indorse on the same that the original had been lost or destroyed, and shall make an entry to the same effect on the record with the thing recorded, which shall have the same operation and effect in law, to all intents and purposes, as the original record would have had.

Fees of

clerks.

Commission.

III. And be it also enacted, That the clerks of the several counties shall do and perform the services in this act mentioned for the same fees that are allowed by law in other cases, for a copy of any thing herein before-mentioned; and in like manner, shall take no other or greater fee for recording any deed which hath been already recorded, or shall be made only by occasion of the misfortune aforesaid, for settling the right or title of any person or persons whatsoever, to lands and tenements, slaves, or goods and chattels, than in other cases is or shall be allowed by law for the copy of any such deed; any law, usage or custom to the contrary notwithstanding.

IV. And be it further enacted, That it shall and ers to be apinay be lawful for the governor, with the advice of pointed by council, to issue one or more commissions, as the case may require, under the seal of the commonwealth, to nine able and discreet persons directed, giving them or any of them full power and authority to meet at some

executive.

convenient place, by them to be appointed, and to adjourn from time to time as they shall think fit, and to summon, hear, and examine all witnesses, at the instance of any person, touching the premises, and to take their depositions in writing, and to return the same with such commission or commissions, to the executive; which depositions shall be by them laid before the general assembly at the next session, to the end that they may be enabled to grant such effectual relief to the sufferers by the loss of the said records as to them shall seem just and reasonable. And the said commissioners shall have power to appoint some person skilled in clerkship to attend them for keeping a journal of their proceedings, and drawing the depositions aforesaid; which person shall be paid for his services by each county respectively.

CHAP. XVIII.

An act to authorise the courts of the several counties and corporations within this commonwealth, to appoint inspectors of lumber.

[Passed the 13th of December, 1787.]

ty and corpo.

BE it enacted by the General Assembly, That it shall be lawful for the courts of the several counties and cor- lumber may Inspectors of porations within this commonwealth, to appoint so ma- be appointed ny inspectors of lumber within their respective limits as in each counthey shall deem necessary. The inspectors so to be ap- ration. pointed, shall in all cases be governed by the same rules and regulations, be subject to the same penalties, and have the same allowance for their services, as are prescribed by an act passed at the last session of the general assembly, intituled "An act authorising the courts of the counties of Norfolk, Princess-Anne, and borough of Norfolk, to appoint inspectors of lumber." If any master, commander, or skipper of any ship or vessel, shall take on board for exportation any lumber

not duly inspected and passed from any port or place. within any county or corporation where such inspectors have been or shall be appointed, he shall be subject to the same penalties as are imposed by the said recited act upon the master, commander, or skipper of any vessel taking on board for exportation lumber not duly inspected and passed from any port or place of Elizabeth river.

County

ised to estab

CHAP. XIX.

An act to empower the county courts in the district of Kentucky, to establish ferries within the same.

[Passed the 4th of December, 1787.]

BE it enacted by the General Assembly, That the courts of the several counties within the district of Kencourts inken tucky, if a majority of the magistrates, or not less than tucky author- seven of each county be sitting, shall be, and they are lish ferrics. hereby empowered, to establish public ferries across those rivers or creeks within their respective counties, wherever they shall deem it necessary: Provided nevertheless, That no such ferry shall be established, unless the parties owning lands on both sides of any such river or creek, shall have had one month's notice, that application would be made for the establishment of such ferry. Where any river or creek shall be the boundary line between two counties, and any person owning land on either side of the said river or creek, shall wish to have a public ferry across the same, he or she shall apply to the court of the county in which his or her land lies, who are hereby authorised to establish such ferry from the land of such person to the opposite shore. And if any person shall think himself or herself aggrieved by the establishment of a public ferry or ferries by the county courts under this act, he or she shall have the right of appeal, or of obtaining a writ of error or supersedeas to the supreme court of the district from such determination or judgment, upon giving bond and security in like manner as is directed in other

cases.

CHAP. XX.

An act to supply the defect of evidence of the royal assent to certain acts of assembly under the former go

vernment.

[Passed the 14th of December, 1787]

1. WHEREAS divers acts of the general assembly Preamble, of Virginia, as well public as private, were passed during the former regal government, with clauses therein for their suspension until the royal approbation thereof respectively should be obtained, a notification of which assent when transmitted hither from Great Britain, was registered in the council books of that time; but as most of those books were lost or destroyed during the late war, persons who may be interested to prove the fact of such assent having been obtained, are deprived of that highest species of evidence, whereby many citizens may be involved in expensive and troublesome contentions, and in the private cases purchasers may lose not only their purchase money, but valuable improvements: For remedy wherein,

Evidence of

II. Be it enacted by the General Assembly, That from and after the passing of this act, when in any court of royal assent law or equity a question shall arise, whether an act of to act of asassembly passed with a clause suspending such act un- sembly, how til the royal approbation thereof was obtained, hath supplied. received such approbation; every such question shall be discussed upon such evidence and circumstances as may be produced by the parties, without requiring either party to shew the official assent to such act, or a certificate from the council books that such assent was registered therein; any law, usage, or custom to the contrary notwithstanding.

Preamble.

CHAP. XXI.

An act prescribing the method of proving certain wills.

[Passed the 2d of January, 1788.]

1. WHEREAS it frequently happens that the wills of persons dying possessed of property within this commonwealth, are attested by persons who reside out of the jurisdiction of the courts thereof, so that they cannot be compelled by any legal process to attend for the purpose of proving such wills;

II. Be it therefore enacted by the General Assembly, Proof of wills That it shall be lawful for the general court, or the suby witnesses residing out preme court of the district of Kentucky, when any will of the state, shall be produced to them for probate, and any witness how effected, or witnesses attesting the same, shall reside out of the in general court, and in jurisdiction of the said courts respectively, to issue Kentucky. a commission or commissions annexed to such will, and directed to the presiding judge of any court of law, to any notary-public, mayor, or other chief magistrate of any city, town, corporation, or county where such witness or witnesses may be found, empowering him to take and certify their attestations. If the person to whom any such commission shall be directed, shall certify in the manner such acts are usually authenticated by him, that the witness or witnesses personally appeared before him, and made oath, or affirmed, as the case may require, that the testator sigued and published the writing annexed to such commission, as his last will and testament, or that some other person signed it by his direction, that he was of disposing mind and memory, and that he or they subscribed their names thereto in his presence, and at his request, such oath or affirmation shall have the same operation, and the will be recorded in like manner, as if such oath or affirmation had been made in the court from whence such commission issued.

courts,

III. And be it further enacted, That it shall be lawIn county ful for any county court, when any will shall be produced to them for probate, and any witness or witnesses attesting the same shall reside out of the limits of this commonwealth, or out of the jurisdiction of the su