| 1785.
CHAP.
XLVI. |
LAWS of MARYLAND.
the receiver, or any person claiming under him, to pay for the same;
provided such oath or affirmation as aforesaid be made within twelve
months from the date of the articles respectively paid or delivered; and
provided also, that in case any suit shall be brought to recover any
money pair or delivered as aforesaid, or the price of any goods, wares,
effects or chattels, as aforesaid, sold or delivered, the plaintiff shall,
at or
before the first imparlance court, make oath or affirmation as aforesaid,
before some judge or justice of this state, that he believes the money,
goods, wares, merchandises, effects or 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, 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 account, to which such oath or affirmation as aforesaid is annexed,
nor hath he received any security for the same, and that the balance
charged and claimed is justy due, according to the best of his knowledge
and belief. |
| Proviso. |
VI. Provided
always, and be it enacted, That nothing in this act
shall be taken or construed to produce any debtor or defendant from controverting
the proof as aforesaid, made legal and admissible by this act, by
any testimony which is legal and admissible by the rules of the common
law, nor shall this act be construed or taken to prevent any creditor or
plaintiff from giving any evidence admissible by the rules of the common
law, in support of his claim, or pursuing any legal mode other than
is
given by this act, to prove and establish his claim or demand. |
In case of suit,
account may
be filed in bar,
&c. |
VII. And be
it enacted, That in case any suit shall hereafter be brought
on any judgment, or on any bond, or other writing sealed by the party,
and the defendants shall have any demand or claim against the plaintiff,
upon judgment, bond, or other instrument under seal, or upon note,
agreement, assumpsit, or account proved, as by this act is allowed the
defendant,
or otherwise according to law, shall be at liberty to file his account
in bar, or plead discount to the plaintiff's claim, and judgment shall
be
given for the plaintiff for the sum only which remains due after just account
made; provided the um which shall remain due after such discount,
be sufficient to support a judgment in the court where the cause may be
tried,
according to its established jurisdiction; and in all cases of suits upon
simple contracts, the defendant may file an account in bar, or plead discount
of any claim he may have against the plaintiff, proved as aforesaid,
or otherwise proved according to law, which may be of an equal or superior
nature to the plaintiff's claim, and judgment shall be given as
aforesaid. |
Part of an act
repealed, &c. |
VIII. And be
it enacted, That the act of assembly, passed at a session of
assembly begun and held at the city of Annapolis on the tenth day of July,
in the year one thousand seven hundred and twenty-nine, entitled, An act
providing what shall be good evidence to prove foreign and other debts,
and to prevent vexatious and unnecessary suits at law, pleading discounts
in bar, and for repealing an act of assembly therein mentioned, and every
part and clause thereof, except the clause repealing the act therein mentioned,
be, and hereby is repealed. Provided nevertheless, that all debts
and accounts
heretofore proved agreeably to the said act, or which may hereafter
be proved agreeably to the rules prescribed by the said act, on or before
the
first day of November next, shall be good and sufficient in law to all
such intents
and purposes as if the said law had not been repealed. And provided
also, that all accounts for any sum not exceeding thirty pounds current
money
in the course of any whole year, and proved agreeably to the said act,
may be evidence as before the passing this act, until the first day of
January |
|
 |
