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WILLIAM SMALLWOOD, Esq; Governor.
as aforesaid, and to be certified as aforesaid, that such instrument
of
writing was duly executed by the person therein mentioned to have executed
the same, and that the debt, or other valuable thing appearing to be
due by such instrument of writing, or any part thereof, except what is
credited, is not paid, or in any manner satisfied, by discount, account
in
bar, or otherwise, to the knowledge or belief of the party bringing such
suit, but that the whole of the money or other thing specified to be paid
or delivered by such instrument of writing, or such part thereof as shall
be stated in such oath or affirmation, as the case may be, to be due, remains
unpaid, according to the best of the knowledge and belief of the
party bringing such suit. And provided also, that nothing in this
act shall be
taken or construed in any manner to alter or repeal the laws now in being
establishing the mode for conveying lands, tenements or hereditaments,
within this state, by persons residing or being without the state.
And
provided also, that every creditor of a deceased person, and any executor
or administrator of a creditor, on suit by them, or any of them, shall
make oath or affirmation as the law now directs. |
1785.
CHAP.
XLVI. |
IV. And be it
enacted, That the oath or affirmation, as the case may
be, 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, merchandises, chattels or effects whatsoever, by any
merchant or person carrying on commerce, or using and carrying on any
trade whatsoever, 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 or persons to whom such money, goods, wares, merchandises or
effects, shall be so proved to be delivered, and also an oath or affirmation,
as the case may be, as aforesaid to be made, shall be good evidence to
prove the price of the goods, wares, merchandises and effects, delivered
or
sold, and also to prove an assumption to pay for the same. Provided,
that the party bringing suit for money aforesaid, or the price of goods,
wares and merchandises, or effects aforesaid, shall, at or before the first
imparlance court, make oath or affirmation as aforesaid, before some judge
or justice of this sate, or before some court, judge, justice or officer
of
the state or country where such money, goods, wares, merchandises, effects
of chattels, charged in the account, to which such oath or affirmation
as
aforesaid shall be annexed, were bonâ fide delivered as charged,
and 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 account, to which such oath or affirmation as aforesaid
shall be annexed as aforesaid, nor hath he received any security for
the same, and that the balance charged and claimed is justly due, according
"to the best of his knowledge and belief. |
Oath of disinterested
witness
legal evidence,
&c. |
V. And be it
enacted, That the oath or affirmation as aforesaid of any
clerk, store-keeper, or disinterested credible person, 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 carrying
on any trade whatsoever, by buying and selling, or manufacturing
for sale within this state, to any person within this state, shall be good
and sufficient evidence in any court of 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 shall be
good evidence to prove the prices of the goods, wares, merchandises, effects
and chattels, sold or delivered, and also to prove the assumption of |
Oath of clerk,
&c. good evidence
&c. |
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