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ART. 37.] EVIDENCE. 285
tion of the receiver or any person claiming under him to pay for
the same; Provided, such oath be made within twelve months
from the date of the articles respectively paid or delivered; but
if any suit shall be brought to recover any money paid or deli-
vered, or the price of any goods, wares, effects or chattels sold
or delivered, the plaintiff shall, at or before the first imparlance
court, make oath before some judge or justice of this State, that
he believes the money, goods, wares, merchandise, effects or
chattels charged in the account to which such oath shall be
annexed, were bona fide delivered as charged, and that he hath
not, nor any person for him 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 received any security for the same, and the balance
charged and claimed is justly due according to the best of his
knowledge and belief.
44. Any account for money or goods lent or due and chargeable
for goods sold, work done, or other things properly chargeable
in account, not exceeding twenty-six dollars in the course of any
whole year, which shall be sworn by the creditor before a justice
of the peace to be just and true, and that he hath not directly
or indirectly received to his knowledge any part or parcel of the
money or 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 evidence in any court or before any
justice of the peace of this State, unless the creditor or defendant
shall make appear by lawful evidence other than his own oath
that such account is false in part or in whole.
45. Nothing contained in this article shall preclude any debtor
or defendant from controverting any proof offered in pursuance
of the provisions thereof, by any testimony which is legal and
admissible by the rules of the common law, or prevent any
creditor or plaintiff from giving any evidence admissible by the
roles of the common law in support of his claim, or pursuing any
legal mode other than herein prescribed to prove and establish
his claim or demand.
PUBLIC STATUTES, AND OFFICE COPIES AND OFFICIAL CERTIFICATES.
46. The private laws and resolutions published by the authority
of this State, may be read in evidence from the printed statute
book.
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