LAWS OF MARYLAND— 1785.

201

any money, or the delivery or sale of any goods, wares, mer-
chandises, chattels or effects whatsoever, by any merchant or
person carrying on commerce, or using and carrying on any
trade whatsoever, by buying and selling, or manufacturing for
sale, and being an inhabitant of any other of the United States,
or of any foreign country, shall be legal evidence in any court
of this state to charge the person or persons to whom such mo-
ney, goods, wares, merchandises or effects, shall be so proved
to be delivered, and also an oath or affirmation, as the case may
be, as aforesaid to be made, shall be good evidence to prove the
price of the goods, wares, merchandises and effects, delivered
or sold, and also to prove an assumption to pay for the same;
provided, that the party bringing suit for money aforesaid, or
the price of goods, wares and merchandises, or effects aforesaid,
shall, at or before the first imparlance court, make oath or
affirmation as aforesaid, before some judge or justice of this
state, or before some court, judge, justice or officer of the state
or country where such money, goods, wares, merchandises or
effects, shall have been delivered, having authority, and to be
certified as aforesaid, that he believes the money, goods, wares,
merchandises, effects or chattels, charged in the account t6
which such oath or affirmation as aforesaid shall be annexed,
were bona fide delivered as charged, and that he hath not, to
his knowledge or belief, received any payment or satisfaction
for the articles charged, more than credit is duly given for in
and appearing upon the account to which such oath or affirma-
tion as aforesaid shall be annexed as aforesaid, nor hath he
received any security for the same, and that the balance
charged and claimed is justly due, according to the best of his
knowledge and belief.

Oath of dis-
interested
witness
legal evi-
dence, &c.

SEC. 5. And be it enacted, That the oath or affirmation as
aforesaid of any clerk, store-keeper, or disinterested credible
person, taken before any judge or justice, or court of this state,
to the delivery or payment of any money, or delivery or sale of
any goods, wares, merchandises, effects or chattels, by any per-
son merchandising, or carrying on commerce, or carrying on
any trade whatsoever, by buying and selling, or manufacturing
for sale within this state, to any person within this state, shall
be good and sufficient evidence in any court of this state, to
charge the person to whom such money shall be delivered or
paid, or such goods, wares, merchandises, effects or chattels,
shall be sold or delivered, and also shall be good evidence to
prove the prices of the goods, wares, merchandises, effects and
chattels, sold or delivered, and also to prove the assumption of
the receiver, or any person claiming under him, to pay for the
same, provided such oath or affirmation as aforesaid be made
26

Oath of
clerks, &c.
good evi-
dence, &c.