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,

II. Be it enacted by the General Assembly, That from Evidence of 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 preving certain wills.

{Passed the 2d of January, 1788.]

I. 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;

11. 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 signed 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

preme court of that part of the country in which such county may be, to issue commissions in the manner before directed; and upon the return thereof, with the attestations before-mentioned duly authenticated, such wills shall be recorded in like manner as if such commissions had issued from the general court, or the supreme court of the district of Kentucky. And whereas the wills of sundry persons dying in the district of Kentucky, have been proved and recorded in the general court, and in the courts of counties not within the said district, and the said wills cannot now be removed to the county where any such person may have died;

on attested

IV. Be it therefore enacted by the General Assembly, Courts in That it shall be lawful for the court of any county Kentucky, within the said district of Kentucky, in which any per- may admit son died whose will has been recorded in the general qualification, court, or in the court of any county not within the said copies of district, to qualify the executors, or to grant certifi- wills, &c. cates for obtaining letters of administration, upon an attested copy being produced to them of any such will, with a certificate that the same has been duly proved and recorded in any such court. And whereas the intercourse between this state and the other states in the union, and between this state and foreign nations, has become more considerable than heretofore, which renders it necessary that some mode should be adopted, to give authenticity to wills of persons dying within any of the United States of America, or in any foreign kingdom, state, nation, island, or colony beyoud sea, and out of the jurisdiction of this state, having lands, goods, chattels, debts, or demands within this state, as well as to policies of insurance, charterparties, powers of attorney, or other agreements in writing, foreign judgments, and specialties on record, registers of births, marriages, made, executed, entered into, given, and enregistered, by and between persons residing in any of the United States, or in any foreign kingdom, state, nation, or colony beyond sea, and out of the jurisdiction of this state:

countres,

V. Be it enacted, That copies of wills of such per- Wills execu• sons made, or hereafter to be made, and duly proved ted in foreign according to the laws of such other state in the anion, how proved kingdom, nation, island, or colony beyond sea, or of here." any place or places out of the jurisdiction of this state,

Notary public, attesta

of attorney, &c. valid.

where the testator shall have died, attested by the bishop, register, commissary, clerk, or other officer to whose custody such will, shall by the laws of such state, kingdom, nation, island, or colony, have been committed; to which copy shall be affixed a testimonial, and the seal of the city, county, corporation, or borough where such office is held, or of a notary-public residing in such city, county, corporation, or borough, or of the great seal of such state, kingdom, nation, province, island, or colony beyond sea, and out of the jurisdiction of this state, shall be admitted to record in the general court, in the same manner as if the original will or wills had been proved in open court by the witnesses thereto, and copies of the same certified by the clerk of the said court, shall be admitted in evidence in all courts within this state, as if the original will or wills had been proved in the said

court.

VI. And be it further enacted, That all policies of insurance, charter-parties, powers of attorney, foreign tion of poli- judgments, specialties on record, registers of birth, cies, powers and marriages, which have been made, executed, entered into, given, and enregistered in due form according to the laws of such state, kingdom, nation, province, island, or colony, and attested by a notarypublic, with a testimonial from the proper officer of the city, county, corporation, or borough where such notary-public shall reside, or the great seal of such state, kingdom, province, island, colony, or place beyond sea, shall be evidence in all the courts of record within this commonwealth.

may take pro

VII. And be it further enacted, That all persons Executors named as executors in any such will, shall after the bate of for copy thereof has been admitted to record as above dieign wills, af rected, be entitled to a probate of the said will, in the ter recorded. same manner as if the original will had been proved in

such court. And where there shall be no executors named in the said will, or the executors therein named shall all of them refuse the executorship, the court shall have the same power and authority to hear and determine the right of administration, and to grant a certificate for obtaining letters of administration with the will annexed, as if the original will had been proved in court.

CHAP. XXII.

An act to explain and amend the acts for preventing fraudulent gifts of slaves.

[Passed the 31st of December, 1787]

I. WHEREAS by an act of general assembly, made in the year of our Lord. one thousand seven bundred and fifty eight, intituled "An act for preventing fraudulent gifts of slaves," after reciting in the preamble thereof that many frauds have been committed by means of secret gifts made or pretended to have been made of slaves by parents and others, who have notwithstanding remained in possession of such slaves, as visible owners thereof, whereby creditors and purchasers have been frequently involved in expensive law suits, and often deprived of their just debts and purchases: for the prevention thereof it was enacted, that from and after the passing of the said recited act, no gift of any slave or slaves shall be good or sufficient in law to pass any estate in such slave or slaves to any person or persons whatsoever, unless the same be made by will duly proved and recorded, or by deed in writing, to be proved by two witnesses at the least, or acknowledged by the donor, and recorded in the general court, or the court of the county where one of the parties lives within eight months after the date of such deed or writing. And whereas in the general construction of the said recited act, and of one other act of general assembly, made in the year of our Lord, one thousand seven hundred and fifty seven, also intituled "An act for preventing fraudulent gifts of slaves," it has been understood that the same were not intended to interfere between the donor and donee, further than to prevent deceptions and frauds, and that the enacting parts of the said acts extended only to secret gifts of slaves, and whereof the donor retained possession, and not to gifts where the possession had been in the donee. And many parents and others have since the passing of the said recited acts, made gifts of slaves to their children and others, without deed in writing, and such donees have continued in possession of the slaves. so given under a delivery at the time of making, or VOL. XII. 0 3

Preamble.