| 1785. |
LAWS of MARYLAND.
CHAP. XLVI.
An ACT directing what shall be good evidence to prove foreign
and other debts, and deeds and wills, and instruments
of writing executed in any of the United States, or
in any
foreign country, for allowing discounts, and for repealing
an act of assembly therein mentioned. |
Exemplification
of record
good evidence,
&c. |
BE it enacted,
by the General Assembly of Maryland, That an exemplification
of the record under the hand of the keeper of the same,
and the seal of the court or office where such record may be made,
shall be good and sufficient evidence in any court of this state to prove
any debt of record made or entered in any other of the United States, or
in any foreign country whatever. |
What shall be
good evidence
to prove
deeds, &c. |
III. And be
it enacted, That a copy of the record or register of any
deed, will, or other instrument of writing, which the laws of the state
or
country where the same may be executed require to be recorded or registered,
and which have been or shall be recorded or registered agreeably to
such laws, under the hand of the keeper of such record or register, and
the seal of the court or office in which such record or register has been
or
may be made, or a copy of any deed, will, or other instrument of writing
lodged for safe keeping in any office or court, agreeably to the laws of
the
state or country as aforesaid, and certified as aforesaid, shall be good
and
sufficient evidence in any court of this state to prove such deed, will,
or
instrument of writing. |
Oath of witnesses,
&c.
good evidence
in certain
cases, &c. |
III. And be
it enacted, That where any deed, will, bond, bill, note, or
other instrument of writing, hath been or shall be executed in any other
of
the United States, or in any foreign country, and to give validity
to which
recording or registering is not or shall not be made necessary, proof to
the
execution of such deed, will, bond, bill, note, or other instrument of
writing,
by the oath or affirmation, as the case may be, of the subscribing
witnesses to the same, or any of them, taken before any court, judge, or
justice, or other officer of the state or country where such deed, will,
bond, bill, note or instrument, hath been or may be executed, having
authority by law to administer an oath or affirmation, as the case may
be, and a certificate under seal from the governor, chief magistrate, or
a
notary public of such state or country, that the court of officer before
whom such oath or affirmation, as the case may be, shall be taken,
hath
authority to administer such oath or affirmation, as the case may be, and
that such oath or affirmation as aforesaid hath been duly made before
such court, judge, justice, or other officer, shall be good and sufficient
evidence
in any court of this state to prove any such deed, will, bond, bill,
note, or other instrument; and if all the witnesses to any deed, will,
bond,
bill, note, or other instrument of writing aforesaid, have died or shall
die
before the execution of such deed, will, bond, bill, note, or other instrument
of writing, be proved as aforesaid, then proof, by a credible witness,
to the hand writing of the party making such deed, will, bond, bill, note,
or other instrument of writing, or to the hand writing of the subscribing
witnesses to the same, or of any of them, taken and certified as aforesaid,
shall be good evidence for the purpose aforesaid. Provided always,
that
in case any suit shall be brought in any court of this state, upon any
such
instrument of writing, proved as aforesaid, 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 or affirmation,
as the case may be, before some judge or justice of this state, or before
some court, judge, justice, or officer of the state or country where
such instrument in writing hath been or shall be executed, having authority |
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