Chap. 45.—An ACT to amend and re-enact section 39 of chapter
167, Code of 1873, in relation to rules, pleadings and evidence.

) Approved January 21, 1886.

1. Be it enacted by the general assembly of Virginia, That
section thirty-nine of chapter one hundred and sixty-seven of
the Code of eighteen hundred and seventy-three, in'relation to
rules, pleadings and evidence, be amended and re-enacted, so
as to read as follows:

§ 39. Where a bill, declaration, petition, or other pleading,
alleges that any person made, endorsed, assigned, or accepted
any writing, no proof of the handwriting of such person shall
be required, unless the fact be denied by affidavit, with the an-
swer, plea, or other pleadings which puts it in issue: provided,
that no such affidavit shall be required where the signature of
the maker, endorser, assigner, or accepter of any paper is not
in the personal handwriting of the party to be charged, or his
agent, but was made by machinery, or in any other manner
than by the actual or personal handwriting of the party to be
charged, or his agent, then in all such cases the burden of prov-
ing such paper to be genuine shall be upon the party relying
upon the paper so offered to be read in evidence; and it 1s fur-
ther provided, that expert evidence shall not be received to
prove the genuineness of any paper or instrument made by
machinery, or in any other manner than by the actual or per-
sonal handwriting of the party to be charged, or his agent.

2. All acts and parts of acts inconsistent with this act are
hereby repealed.

3. This act shall be in force from its passage.

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