Acts. 301

the Cred^r that hath arisen due to the Debtor since the passing

such bill or bond or after such Assumpcon as aforesaid which
he desires may be discounted it shall and may be lawfull for
the Justices before whom such Matter shall be depending upon
good proofe made of such Account to cause the same altho :
of a less or inferiour Nature to be discounted in Court and
give Judgment thereupon against the Defendant for so much
only as shall be remaining to the Plaintiff with Costs of Suite
Provided the ballance exceed two hundred pounds of Tobacco
or sixteen Shillings and eight Pence in the County Courts and
fifteen hundred pounds of Tobacco or six pounds five shill
Sterl in the Provincial Courts otherwise the Plaintiff shall be
non suited as by other Laws are provided.
And for the further Declaration what shall be taken &
allowed for Evidence to prove such Bills or Bonds
Be it enacted that the oath of one or more of those persons
that Subscribed as Witnesses to such bill or Bond made before
one Justice of the Provincial Court or two Justices of any
County Court of this Province in their respective Countys
shall be evidence to prove the Debts in the Provincial or any
County Courts of this Province if Sworne in Court Provided
nevertheless that if the Defendant will traverse such proofe
and put it on the County for proofe it shall be allowed him so
to doe.
And be it likewise Enacted by the Authority aforesaid that
an Account of goods sold work done mony lent and such
other Articles as lyes properly in Account and Sworne to by
the Plaintiff in any Accon brought or by the Defendant in his
Defence or discount of all or part of the Plaintiffs Claime,

Lib. L. L.

No. 64.

before such Justice or Justices as aforesaid And that noe part
or parcell thereof is paid other than what is taken notice of in
the said Oath shall be received as evidence to prove the fact in
any Court of this Province Provided that any Plaintiff or.
Defendant in any Accon against whom such oath is given for
Evidence shall be at his liberty to traverse such oath by giving
Evidence any other than himself against it to invalidate the
same And the Court or Jury that tryes the Cause shall Judge
by that which appears to them the fullest and fairest Evidence

September 29^th 1704 September 29^th 1704

Read in the house of Dele- Read and assented to by her
gates and Assented to Majestys hon^ble Councill
W Taylard Clk hD W Bladen Cl Concil.

Maryland October 3^d 1704

On behalf of her Ma^ty &c I will this be a law.
Jo : Seymour

p. 99