TESTAMENTARY SYSTEM.
the court, to shew that the said judgment (or decree) hath been satisfied;
there
shall likewise be a certificate of some person authorised to administer
an oath
endorsed on, or annexed to, a statement of the debt due on such judgment
or
decree, that the creditor, since the death of the deceased, hath taken
before him
the following oath, or affirmation, viz. " That he (or she) hath
not received
" any part of the sum for which the judgment or decree was passed, except
such
" part (if any) as is credited."
And if the creditor on the judgment or decree be
an assignee of the person
who obtained it, the oath or affirmation shall go on, and say further,
" and
" that, to the best of his (or her) knowledge or belief, no other person
hath
" received any parcel of the said sum, except such part (if any) as is
credited."
And an assignee shall also produce the assignment, under
the hand of the
assignee; and if there hath been more than one assignment, each assignment
shall be produced under the hand of the party.
2. If a special bail shall have discharged
a judgment against the deceased, he
shall be considered as the judgment creditor, and in case the plaintiff
who obtained
the judgment shall not have assigned the same (as he ought to do) to the
bail, a receipt from him, given to the bail, shall be considered as equivalent
to
an assignment.
3. If there be more than one creditor, the
whole oath or affirmation aforesaid,
with the other vouchers, shall be sufficient.
4. In case of a specialty, bond, note, or protested
bill of exchange, the
vouchers shall be the instrument of writing itself, or a proved copy,
in case it
be lost, with a certificate of the oath or affirmation made as aforesaid
since the
death, and endorsed on, or annexed to, the instrument or a statement of
the
claim, " that no part of the money intended to be secured by such instrument
" hath been received, or any security or satisfaction given for the same,
except
" what (if any) is credited."
5. And if the creditor on such instrument be
an assignee, there shall be the
same oath (or affirmation) of the original creditor, with respect to the
time of
the assignment; and in case of successive assignees, there shall be the
same oath,
or affirmation, taken by each, with respect to the time of each respective
assignment.
6. In case of a bill of exchange, the protest,
and other things which would
be required, (if the deceased were alive,) shall be necessary to justify
an executor
or administrator in making payment or distribution.
7. If the claim be for rent, there shall be
produced the lease itself, or the deposition
of some credible witness or witnesses, or an acknowledgment in writing
of the deceased, establishing the contract, and the time which hath elapsed
during which rent was chargeable, and a statement of the sum due for such
rent,
with an oath or affirmation of the creditor thereon endorsed, " that no
part of
" the sum due for the said rent, or any security or satisfaction for the
same, hath
" been received, except what (if any) is credited."
8. The vouchers or proofs of any claim on open
account shall be a certificate
of an oath or affirmation taken by the creditor as aforesaid, since the
death, endorsed
on, or annexed to, the account, " that the account as stated is just and
" true, and that he (or she) hath not received any part of the money stated
to
" to be due, or any security or satisfaction for the same, except what
(if any) is
" credited."
And moreover the account shall appear to have been proved,
or is required by
an act passed at November session, 1785, ch. 46.
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