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And be it Enacted, by the Authority aforesaid, That an Account
of Money, Tobacco, or other Goods, lent or due, and chargeable for
Goods sold, Work done, or other Things properly chargeable in
Account, which shall arise due after the Tenth Day of March next
ensuing, and shall be sworn by the Creditor, (or affirmed if a
Quaker) to be just and true, before one Provincial or County Jus-
tice, and that he or she hath not directly or indirectly received (to
his or her Knowledge) any Part or Parcel of the Money, Tobacco,
or other Goods, charged as due by such Account, or any Security
or Satisfaction for the same, more than Credit shall be given for,
shall be received as good Evidence in any Court of Record within
this Province, upon any Tryal, or in any Dispute, before a single
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Laws
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Magistrate, concerning a small Debt determinable by him; unless
the Creditor, or Defendant, shall make appear by lawful Evidence,
other than his or her own Oath or Affirmation, that such Account
is false in Part, or in the Whole.
And be it likewise Enacted, That it shall and may be lawful for
any Debtor or Defendant, in his Defence, to prove an Account by
Oath or Affirmation, to be just and true, of Goods deliver'd or sold,
Work done, Money paid or deliver'd to the Plantiff or Creditor,
toward Satisfaction of the Whole, or Part of the Debt due to such
Plantiff or Creditor, or received by such Plantiff or Creditor, tq
the Defendant or Debtor's Use, after the said Tenth Day of March
aforesaid, which have been, or shall be so deliver'd, paid or receiv'd,
and for which no Credit is, or shall be given to the Defendant or
Debtor; which the Court before whom the Tryal shall be, shall ad-
judge to be discounted out of the Plantiff's or Creditor's Account,
or other Demand; unless the Plantiff or Creditor can prove the
same, or some Part thereof to be false, by legal Evidence, as afore-
said.
Provided always, That the Particulars of all such Accounts shall
be delivered, as well by the Creditor to the Debtor, as by the Debtor
to the Creditor, within Ten Days after the several and respective
Articles shall become due to the Debtor or Creditor who shall re-
quire the same. And, that the said Accounts shall be proved within
Twelve Months after the first Article therein charged shall become
due, and not otherwise. And, to prevent either Plantiff or Defend-
ant being surprized,
Be it Enacted, That all Accounts which the Plantiff shall prove,
either by his or her own Oath or Affirmation only, or otherwise,
shall be filed with the Declaration. And that all Accounts which
the Defendant shall prove, either by his or her own Oath or Affir-
mation only, or otherwise, in his or her Defence, shall be filed with
the several Clerks, Ten Days at the least before the Tryal Court ;
otherwise the Account which shall be omitted to be so filed, shall
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p. 26
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