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 beyond 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,

Motary pub. Lic, attesta

tion of poli

cies, now ers of attorney, c. valid.

where the testator shall have died, attested by the bish op, 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 admit ted 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 judgments, specialties on record, registers of birth, 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 sach state, kingdom, province, island, colony, or place beyond sea, shall be evidence in all the courts of record within this commonwealth.

VII. And be it further enacted, That all persons Executors named as executors in any such will, shall after the 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

may take pro bate of for

copy

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 deter mine 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 hundred 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

vent fraudu.

after such gifts, by which the donees have been considered as the owners of such slaves, and have obtained credit thereby. And whereas, from a late adjudication in a question arising on the said recited acts, it was determined that all gifts of slaves since the said acts are void, unless made in writing or confirmed by will, as in the said acts is directed; which late adjudi cation, by disquieting and disturbing possessions, will teud to produce infinite disputes and litigation, and contrary to the intention of the donors, to deprive chil dren of the provisions made for them by their deceased parents, injure husbands who have married women possessed of slaves under such gifts, defraud creditors and purchasers of and under such donees, and multiply the mischiefs the said acts were intended to remedy: For prevention whereof,

II. Be it enacted by the General Assembly, That the Construction said recited acts for preventing fraudulent gifts of of acts to pre- slaves, shall from and after the passing of this act, be lent gifts of construed to extend only to gifts of slaves whereof the donors have, notwithstanding such gifts, remained in possession, and not to gifts of such slaves as have at any time come into the actual possession of, and have remained with the donee, or some person claiming under such donee.

slaves.

III. Provided always, That nothing in this act contained shall be construed to alter any adjudication heretofore made under the said two recited acts, or either of them, nor to affect the interest of any bona fide purchaser for a valuable consideration, or creditor of the donor, before the donee hath been at least three years in possession of the slave or slaves under such gift; nor in any manner to restrain or affect the operation of the act of limitations.

CHAP. XXIII.

An act respecting the appointment of county court clerks, recommenda dation of surveyors, and for other purposes.

[Passed the 8th of January, 1788.]

I. WHEREAS it sometimes happens the courts of the counties within this commonwealth are so divided in the appointment of their clerks, that neither of the candidates can be elected, whereby great inconve niences arise to the suitors in such courts, and like inconveniences may happen in the recommendation of surveyors:

surveyors,

II. Be it therefore enacted by the General Assembly, Courts equalThat whensoever the court of any county within this y divided, in commonwealth shall be so divided in the appointment appointments of a clerk, or in the recommendation of a surveyor, of clerks and that neither of the candidates shall be elected, or in the high shethe case of a surveyor recommended, it shall be law- riff to decide. ful for the high sheriff of such county, and he is hereby required, to give his vote in favor of one of those candidates, between whom the court shall be divided. And whereas by an act, intituled "An act to extend the powers of the governor and council," it is amongst other matters therein contained, enacted "that upon any charge being made against a justice of the peace for misconduct, neglect of duty, or mal-practices, it shall and may be lawful for the governor, with advice of the council, to enquire into the charge, and if the facts alledged be proved, he in that case may, with the advice aforesaid, remove such justice from the execution of his office." And whereas so much of the said act, as above recited, appears to the present assembly to be contrary to the true spirit of the constitution, which declares "that the legislative, executive, and judiciary departments, shall be separate and distinct, so that neither exercise the powers properly belonging to the other;"

Act empow efing gover. III. Be it therefore enacted, That so much of the nor and counsaid act, to extend the powers of the governor and cil to remove council, as is above recited, shall be, and the same is justices of hereby repealed.

the peace, repealed.