2608 INDEX TO THE

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the hand of the keeper, and the seal of the court or office where

made, or a copy of any deed, will, &c. lodged for safe keeping

agreeably to such laws, and certified as aforesaid, shall be evidence

to prove such deed, will, &c. — 1785, ch. 46, sec. 2,

199

For proof of any deed, will, &c. executed in any other of the United

States, or any foreign country, to which recording or registering is

not made necessary, the evidence required is, proof to the execu-

tion of such deed, will, &c. by the oath or affirmation of the sub-

scribing witnessess, or any of them, taken before a court, judge, &c.

where executed — 1785, ch. 46, sec, 3, .

199

The power of such court, &c. and the taking of the oath, how to be

certified— 1785, ch. 46, sec. 3, .......

199

On the death of all the witnesses to any deed, will, &.c. before proof

of the execution as aforesaid, proof of the hand writing of the

party making such deed, &c. or of the subscribing ^witnesses, or

any of them, certified as aforesaid, shall be evidence — 1785, ch. 46,

see. 3, ...........

199

Provided, that the party bringing suit on such instrument of writing

shall, at or before the first imparlance court, make oath or affirma-

tion, before some court, judge or justice of this state, or some court,

judge, &c. where executed, having authority to administer the same,

(to be certified as aforesaid,) that the same was duly executed by

the person therein mentioned, that the debt claimed by such writ-

ing, (or any part except what is credited,) is not paid or satisfied by

discount, Sec. but that the whole, or such part as by such oath or

affirmation is stated to be due, remains unpaid, to the best of his

knowledge and belief— 1785, ch. 46, sec. 3, .

199

Provided also, that creditors of a deceased person, and executors and

administrators of a creditor, on suit by them, shall make oath or

affirmation as the law now directs — 1785, ch. 46, sec. 3,

199

And provided, that nothing in this act shall alter or repeal the laws for

conveying lands, &c. by persons residing or being without the

state— 1785, ch. 46, sec. 3, . . .

200

The oath or affirmation of any witness, made and certified as aforesaid,

shall be evidence in any court of this state, to prove the payment

of money, or delivery or sale of goods, &c. by merchants, £.c. in-

habitants of any other of the United Slates, or of a foreign country,

and to prove the price and an assumption to pay — 1785, ch. 46,

sec. 4, ...........

200

Provided, that the party bringing suit therefor shall, at or before the

first imparlance court, make oath or affirmation, before some judge

or justice of this state, or some court, judge, &c. where delivered,

having authority, and to be certified as aforesaid, that he believes

the goods, &.c. charged in the account to which such oath shall be

annexed, were bona fide delivered as charged, and that he hath not,

(to his knowledge or belief,) received any payment, &c. more than

credit is given for on such account, nor any security, and that the

balance claimed is justly due, according to the best of his know-

ledge and belief— 1785, ch. 46, sec. 4, .....

200