284 EVIDENCE. [ART. 37.

State; nor the provisions thereof in relation to the proof of
claims against the estates of deceased persons.

42. The oath of any disinterested, credible witness made and
certified as aforesaid, proving the payment or. delivery of any
money, or the delivery or sale of any goods, wares, merchan-
dise, chattels or effects whatsoever, by any merchant or person
carrying on commerce, or using and carrying on any trade what-
soever, by buying and selling or manufacturing for sale, and
being an inhabitant of any other of the United States or of any
foreign country, shall be legal evidence in any court of this State
to charge the person to whom such money, goods, wares, mer-
chandise or effects shall be so proved to be delivered; and the
oath of such witness, made and certified as aforesaid, shall be
good evidence to prove the price of the goods, wares, merchan-
dises and effects delivered or so sold, and also to prove an
assumption to pay for the same; Provided, the party bringing
suit for such money or the price of such goods shall, at or before
the first imparlance court, make oath as aforesaid before some
judge or justice of this State or" before some judge, justice or
other officer of the State or country where such money or goods
shall have been delivered, having authority and to be certified as
aforesaid, that he believes the money, goods, wares, merchan-
dises, effects or chattels charged in the account to which such
oath shall be annexed, were bona fide delivered as charged, that
he hath not to his knowledge or belief received any payment or
satisfaction for the articles charged, more than credit is duly
given for in and appearing upon the said account, nor hath he re-
ceived any security for the same, and that the balance charged and
claimed is justly due according to the best of his knowledge and
belief.

DOMESTIC ACCOUNTS.

43. The oath of any clerk, store keeper or disinterested
credible witness, taken before any judge or justice or court of
this State, to the delivery or payment of any money, or delivery
or sale of any goods, wares, merchandises, effects or chattels,
by any person merchandising or carrying on commerce, or
manufacturing for sale within this State to any person within
this State, shall be good and sufficient evidence in any court ot
this State to charge the person to whom such money shall be
delivered or paid, or such goods, wares, merchandises, effects or
chattels shall be sold or delivered, and also to prove the assump-

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