638 TESTAMENTARY LAW. [ART. 93.
93. If the claim arises on a bond, note, or a bill of exchange, or
account for dealing with a factor, and the principal be not within
the State, the factor who took the said bond, note or bill, or who
sold or delivered the articles in the account, may make oath, to
be certified as aforesaid, and endorsed on a statement of the
money due thereon, "that the said statement is full, just and
true, and that he (the deponent) took the said bond or note, or
bill, or delivered the articles charged in the account, as factor to
, living in or lately of , and that neither he, the de-
ponent, nor the principal, nor any other person for him or the
principal, to his knowledge or belief, hath received any part of
the money originally due on such bond, note, bill or account, or
any security or satisfaction for the same, except what (if any) is
credited;" and the said oath, with the other respective vouchers
and proofs as aforesaid, shall authorize the administrator in pay-
ment or distribution.
94. If the factor aforesaid be dead, or out of the State, and the
principal be also out of the State, and it shall appear, in case of
account, that the same has been regularly proved by a disin-
terested, credible witness, as prescribed in section 92 of this arti-
cle, an oath of any other factor made after the death of the dece-
dent and certified and endorsed on the statement as aforesaid,
" that the said bond, note, bill, or account, came into his hands as
factor for the creditor residing in after the death or re-
moval of, the factor who took the said bond, note, bill, or
delivered the articles in the account, that he has reason to be-
lieve, and does believe, that the said statement is full, just and
true, and that no part of the money originally due on such bond,
note, bill, or account, or any security or satisfaction for the same
hath been received, except what (if any) is credited;" and the
said oath, with the other respective vouchers or proofs as afore-
said, shall be sufficient to authorize the administrator to pay as
aforesaid.
95. When any affidavit or depositions to prove claims shall '
have been taken out of the State, the same shall be good if taken
and certified as aforesaid by the notary of the place, or by some
person there authorized to administer an oath, and certified to be
such under the seal of the Governor or Mayor, or chief magis-
trate or clerk of any court of record, or notary public of such
place, and the said oath shall be as available as if taken before a
justice within this State. _(
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