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Rules for
authenti-
cating or
proving
claims
against a
deceased
person.
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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.
SEC. 3. If there be more than one creditor, the whole oath or
affirmation aforesaid, with the other vouchers, shall be sufficient.
SEC. 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 satisfac-
tion given for the same, except what (if any) is credited.'
SEC. 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.
SEC. 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.
SEC. 7. If the claim be for rent, there shall be produced the
lease itself, or the deposition of some credible witness or wit-
nesses, or an acknowledgment in writing of the deceased, es-
tablishing 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; and if the creditor be an assignee,
there shall be such oath (or affirmation) of the original creditor,
with respect to the time of assignment.
SEC. 8. The vouchers or proofs of any claim on open account
shall be a certificate of an oath or affirmation taken by the cre-
ditor 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 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 as is required by an act passed
at November session, one thousand seven hundred and eighty-
five, chapter forty-six.
See ante page 200.
SEC. 9. Provided nevertheless, that it shall not be considered
as the duty of an executor or administrator to avail himself of
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