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the act of limitation to bar what he supposes to be a just claim,
but the same shall be left to his honesty and discretion.
SEC. 10. If the claim arises on a bond, note or bill of ex-
change, or account for dealing with a factor, and the principal
be not within the state, the factor who took the said bond, or
note or bill, or who sold or delivered the articles in the account,
may make oath, or affirmation, to be certified as aforesaid, and
endorsed on a statement of the money thereon due, 'that the
said statement is full, just and true, and that he (the deponent)
took the said bond, (or note, or bill, or delivered the articles
charged in the account,) as factor to —— —— , living in (or
lately of) —— ; that neither he (the deponent) nor the principal,
nor any other person for him, or the principal to his knowledge
or belief, hath received any part of the money originally due on
such bond, note, bill or account, or any security or satisfaction
for the same, except what (if any) is credited;' and the said
oath, or affirmation, with the other respective vouchers and
proofs aforesaid, shall authorize the executor or administrator in
making payment or distribution.
SEC. 11. If the factor aforesaid be dead, or out of the state,
and the principal be also out of the state, and it shall appear,
(in case of account) that the same have been regularly proved
according to the act of 1785 aforesaid, an oath, (or affirmation,)
of any other factor, made after the death of the testator or
intestate, and certified and endorsed on the statement as afore-
said, 'that the said bond, note, bill or account, came into his
hands as factor for the creditor, residing in —— , after the death
(or removal) of —— —— , the factor who took the said bond,
(or note, or bill, or delivered the articles in the account;) that
he hath reason to believe, and does believe, that the said state-
ment is full, just and true, and that no part of the money origi-
nally due on such bond, (note, bill or account,) or any security
or satisfaction for the same, hath been received, except what (if
any) is credited;' and the said oath, or affirmation, with the
other respective vouchers or proofs as aforesaid, shall be suffi-
cient to authorize the executors as aforesaid.
SEC. 12. When any affidavit or depositions to prove claims
shall have been taken out of the slate, the same shall be good,
if taken and certified as aforesaid by the notary of the place, or
by some person there authorized to administer an oath, and
certified to be such under the seal of the governor, mayor or
chief magistrate, or clerk of any court of record, or notary
public of such place, and the said oath, affirmation or deposi-
tion, shall be as available as if taken before a justice within the
state.
SEC. 13. Merged in 1802, ch. 101, sec. 9.
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Rules for
authenti-
cating or
proving
claims
against a
deceased
person.
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