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Oath of
witnesses,
&c. good
evidence.
&c.
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public of such state or country, that the court or officer before
whom such oath or affirmation, as the case may be, shall be
taken, hath authority to administer such oath or affirmation, as
the case may be, and that such oath or affirmation as aforesaid
hath been duly made before such court, judge, justice, or other
officer, shall be good and sufficient evidence in any court of
this state to prove any such deed, will, bond, bill, note, or
other instrument ; and if all the witnesses to any deed, will,
bond, bill, note, or other instrument of writing aforesaid, have
died or shall die before the execution of such deed, will,
bond, bill, note, or other instrument of writing, be proved as
aforesaid, then proof, by a credible witness, to the hand-writing
of the party making such deed, will, bond, bill, note, or other
instrument of writing, or to the hand-writing of the subscribing
witnesses to the same, or of any of them, taken and certified as
aforesaid, shall be good evidence for the purpose aforesaid;
provided always, that in case any suit shall be brought in any
court of this state, upon any such instrument of writing, proved
as aforesaid, to recover any sum of money, or other valuable
thing specified therein to be due, the party bringing such suit
shall, at or before the first imparlance court, make oath or
affirmation, as the case may be, before some judge or justice of
this state, or before some court, judge, justice, or officer of the
state or country where such instrument in writing hath been or
shall be executed, having authority as aforesaid, and to be cer-
tified as aforesaid, that such instrument of writing was duly
executed by the person therein mentioned to have executed the
same, and that the debt, or other valuable thing appearing to be
due by such instrument of writing, or any part thereof, except
what is credited, is not paid, or in any manner satisfied, by dis-
count, account in bar, or otherwise, to the knowledge or belief
of the party bringing such suit, but that the whole of the
money or other thing specified to be paid or delivered by such
instrument of writing, or such part thereof as shall be stated
in such oath or affirmation, as the case may be, to be due,
remains unpaid, according to the best of the knowledge and
belief of the party bringing such suit ; and provided also, that
nothing in this act shall be taken or construed in any manner
to alter or repeal the laws now in being, establishing the mode
for conveying lands, tenements or hereditaments, within this
state, by persons residing or being without the state ; and pro-
vided also, that every creditor of a deceased person, and any
executor or administrator of a creditor, on suit by them, or any
of them, shall make oath or affirmation as the law now directs.
SEC. 4. And be it enacted, That the oath or affirmation, as
the case may be, of any disinterested credible witness, made
and certified as aforesaid, proving the payment or delivery of
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