ART. 37.] EVIDEKCE. 283

officer of the State or country where such deed, bond, bill or
instrument hath been executed, having authority by law to
administer an oath, and a certificate under seal from the Gover-
nor, Chief Magistrate or a Notary Public of such State or coun-
try, that the court or officer before whom such oath was taken
had authority to administer an oath, and that such oath hath been
duly made before such court, judge, justice or other officer, or if
proved before the commissioner aforesaid, the same to be certified
under his official seal, shall be good and sufficient evidence in any
court of this State to prove such deed, bond, bill, note or other
instrument.

39. If all the witnesses to any deed, bond, bill, note or other
instrument of writing, shall die before the execution thereof be
proved as aforesaid, proof by a credible witness to the hand-
writing of the party making the same, or to the handwriting of
the subscribing witnesses to the same, or any of them, taken and
certified as directed in the preceding section, shall be good evi-
dence to prove such deed, bond, bill, note or other instrument of
writing.

40. But if any suit be brought in any court of this State, upon
any instrument of writing proved as hereinbefore directed, to
recover any sum of money, or other valuable thing specified
therein to be due, the party bringing such suit shall at or before
the first imparlance court, make oath before some judge or justice
of this State, or before the commissioner aforesaid, or some
judge or justice or other officer of the State or country where
such instrument of writing hath been executed having authority
to administer an oath, and to be certified as aforesaid, that such
instrument of writing was duly executed by the person therein
mentioned to have executed the same, and that the debt or other
valuable thing appearing to be due by such instrument of writing,
or any part thereof, except what is credited, is not paid or in
any manner satisfied by discount, account in bar or otherwise, to
his knowledge or belief, but that the whole or such part thereof
as shall be stated in such oath to be due, remains unpaid to the
best of his knowledge and belief.

41. Nothing contained in this article in relation to the proof
of foreign deeds or other instruments of writing shall affect the
provisions of this code in relation to the conveyance of real
estate within this State by persons residing or being out of this

3,