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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 637   View pdf image (33K)
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ART. 93.] TESTAMENTARY LAW. 637

made as aforesaid since the death, and endorsed on or annexed
to the instrument, or a statement of the claim "that no part of
the money intended to be secured by such instrument hath been
received, or any security or satisfaction given for the same ex-
cept what (if any) is credited."

88. If the creditor on such instrument be an assignee, there
shall be the same oath of the original creditor with respect to the
time of the assignment, and in case of successive assignees, there
shall be the same oath taken by each with respect to the time of
each respective assignment.

89. In case of a bill of exchange, the protest and other things
which would be required (if the deceased were alive,) shall be
necessary to justify an executor or administrator in making pay-
ment or distribution.

90. If the claim be for rent, there shall be produced the lease
itaelf, or the deposition of some credible witness or witnesses, or
an acknowledgment in writing of the deceased, establishing the
contract and the time which hath elapsed during which rent was
chargeable, and a statement of the sum due for such rent, with
an oath of the creditor endorsed thereon, "that no part of the
sum due for said rent, or any security or satisfaction for the same
hath been received, except what (if any) is credited," and if the
creditor be an assignee, there shall be such oath of the original
creditor with respect to the time of the assignment.

91. The proof of a claim for rent in arrear, so as to render the
same a preferred claim, shall be the proofs and vouchers for rent
aforesaid ; and proof that the claim is such that a distress there-
for might be levied on said deceased's goods and chattels in the
hands of the administrator; but the preference given for rent is
not to impair the landlord's right of distress if he thinks proper
to exercise it.

92. The vouchers or proofs of any claim on open account,
shall be a certificate of an oath taken by the creditor since the
death endorsed on or annexed to the account, that "the account
as stated is just and true, and that he hath not received any part
of the money stated to be due, or any security or satisfaction for
the same, except what (if any) is credited;" and moreover, the
account shall appear to have been proved as open accounts are
required to be proved by article thirty-seven.

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 637   View pdf image (33K)
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