What shall
be Evidence
of a Bill or
Bond.
 

But the Defendant
may
traverse.

Accounts
sworn by the
Creditor to
be just and
true, &c. before
one Justice,
shall be
good Evidence.
 
 
 
 
 

Exception.
 

The Defendant
may
prove an Account
against
the Plaintiff,
which shall
be discounted.
 
 
 

Exception.
 

Particulars of
Accounts to
be delivered,
if required,
in ten Days,
Accounts to
be proved
within 12
Months.

Accounts
proved by
the Plaintiff,
shall be filed
with the Declaration,
and by the
Defendant 10
Days before
the Trial
Court.

Exception.

    VIII.  Provided nevertheless, that if the Defendant will traverse such
proof., and put it upon the Country for Trial, it shall be allowed him so to do.

    IX.  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 Justice, 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 od Record within this Province, upon
any trial, or in any Dispute, before a single Magistrate, concerning a small
Debt determinable by him; unless the Credit 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.

    X. 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 delivered or sold., Work done, Money
paid or delivered to the Plaintiff or Creditor, towards Satisfaction of the
Whole, or Part of the Debt due to such Plaintiff or Creditor, or received by
such Plaintiff or Creditor, to the Defendant or Debtor's Use, after the said
Tenth day of March aforesaid, which have been, or shall be, so delivered,
paid or received, and for which no Credit is. or shall be given to the Defendant
or Debtor, which the Court before whom the Trial shall be, shall
adjudge to be discounted out of the Plaintiff's or Creditor's Account, or other
Demand; unless the Plaintiff or Creditor can prove the same, or some Part
thereof to be false, by legal Evidence as aforesaid.

    XI.  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 require 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.

    XII.  And to prevent wither Plaintiff or Defendant being surprized, Be it
Enacted, That all Account which the Plaintiff 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 plaintiff shall prove, either by his
or her own Oath, or Affirmation only, or otherwise, in his or her Defence,
shall be filed with the several Clerks, Ten Days, at the least, before
the Trial Court; otherwise the Account which shall be omitted to be so filed,
shall not be received in Evidence; except that where Declarations shall be
sent with the Writs, in order for Trial the first Court, the Defendant who
shall insist on any account in his or her Defence a aforesaid, shall deliver, or
send a Copy of such Account to the Clerk the first Day of the Court, who
shall receive and file the same.