LAWS OF MARYLAND.—1729. 73
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SEC. 2, 3, 4. Repealed, June, 1773, ch. 13. |
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SEC. 5. And, whereas it has often happened that several per-
sons have heretofore secretly made over unto their creditors, or
pretended creditors, or given their own children or others, sun-
dry goods and chattels, and yet kept the same in their own pos-
session, whereby they have been believed to be the proprietors
of such goods and chattels, and thereby procure to themselves
credit for considerable sums of money, and quantities of tobacco,
to the great prejudice of several inhabitants of this province and
others, Be it therefore enacted by the authority, advice and con-
sent aforesaid, That from and after the end of this session of
assembly, no goods or chattels, whereof the vendor, mortgagor
or donor, shall remain in possession, shall pass, alter or change,
or any property thereof be transferred to any purchaser, mortga-
gee or donee, unless the same be by writing, and acknowledged
before one provincial justice, or one justice of the county where
such seller, mortgagor or donor shall reside, and be within
twenty days recorded in the records of the same county. |
No goods,
&c. shall
pass, &c. |
SEC. 6. Provided always, That nothing in this act shall
extend, or be construed to extend, to make void any such sale,
mortgage or gift, against such seller, mortgagor or donor, his
executors, administrators or assigns only, or any claiming under
him, her or them.
CHAPTER 20.
AN ACT providing what shall be Good Evidence to prove foreign and other
debts, and to prevent vexatious and unnecessary suits at law, pleading
discounts in bar, and for repealing an act of Assembly therein mentioned.
This law is repealed by 1785, ch. 46, sec. 8, except the ninth section, which
is reserved in force for all sums not exceeding ten pounds current money,
and where the dealings in the course of a year do not exceed that amount. |
Proviso. |
SEC. 9. And be it enacted, by the authority aforesaid, That
an account of money, tobacco or other goods, lent or due, and
chargeable for goods sold, work done, or other things properly
chargeable in account, which shall arise due after the tenth day
of March next ensuing, and shall be sworn by the creditor, (or
affirmed if a quaker,) 'to be just and true,' before one provin-
cial or county justice) and 'that he or she hath not, directly or
indirectly, received (to his or her knowledge,) any part or par-
cel of the money, tobacco or other goods, charged as due by
such account, or any security or satisfaction for the same, more
than credit shall be given for,' shall be received as good evi-
dence in any court of record within this province, upon any
trial, or in any dispute before a single magistrate) concerning a
small debt determinable by him, unless the creditor or defen-
dant shall make appear by lawful evidence, other than his or
her own oath, or affirmation, that such account is false in part,
or in the whole.
10 |
Account
shall be
evidence,
&c. |
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