ART. 9] AFFIDAVIT. 199

As to variance, see also Blair v. Winston, 84 Md. 356; Hoffman v. Read,
57 Md. 374; Schroeder v. Turner, 68 Md. 506; Mears v. Adreon. 31 Md. 236.

Generally.

The original vouchers may be withdrawn by order of court upon leaving
certified copies. Johnson v. Stockham, 89 Md. 380; Franklin Bank v. Mat-
thews, 69 Md. 111.

The voucher may be in a foreign language. DeBebian v. Gola, 64 Md. 264.

Where A. gives B. a note and subsequently and before the maturity of
the note B. attaches on the ground that the debt was fraudulently con-
tracted, B. may disaffirm the note and file an open account for money had
and received as a voucher In the attachment case. Summers v. Oberndorf,
73 Md. 312.

If on appeal, though the vouchers are not in the record, it appears that
they were filed, the court will not assume their insufficiency. Johnson v.
Stockham, 89 Md. 380.

1901, art 9, sec. 5. 1888, art. 9, sec. 5. 1860, art. 10. sec. 5. 1795, ch. 56, sec. 1.
1876, ch. 112. 1888, ch. 507.

5. The affidavit required by the preceding section may be made
before any justice of the peace or any judge of a court of law of this
State, or before any judge of a court of record of the United States,
or of any State, district or territory of the United States, or before a
commissioner appointed by the State to take acknowledgments of deeds,
or before a notary public or if out of the United States, before a consul
or vice-consul of the United States; or the affidavit may be made before
the clerk of the court from which the attachment shall issue.

Ibid. sec. 6. 1888, art. 9, sec. 6. 1860, art. 10, sec. 6. 1795, ch. 56, sec. 2.

6. If the affidavit is made in this State, and before a justice of the
peace or judge in any other county than that in which the attachment
is to be issued, there shall also be a certificate, under the seal of the
court, from the clerk of the circuit court for the county in which it is
made, that the justice of the peace or judge before whom the said
affidavit was made was, at the time the jsame was made, a justice of
the peace or judge; or the same may be certified by the clerk of the
superior court of Baltimore city, when the affidavit is made in that
city; or if the affidavit be made out the State, and before a judge of a
court of record, there shall be a certificate from the clerk of said court,
under the seal thereof, that at the time the same was made he was a
judge of said court, and that the same is a court of record; or if made
before a commissioner of this State, the same shall be certified under
his official seal.

The certificate attached to the affidavit is fatally defective if it does not
show that the court presided over by the judge before whom the oath is made,
is a court of record. Coward v. Dilliuger, 56 Md. 61; Evesson v. Selby,
32 Md. 344. See also, Prentiss v. Gray, 4 H. & J. 200.

The governor's certificate as to the power of the judge to take the affidavit,
held to substantially comply with this section. Washington v. Hodgskin, 12
G. & J. 356.

Ibid. sec. 7. 1888, art. 9. sec. 7. 1860, art. 10. sec. 7. 1795, ch. 56, sec. 1.
1832, ch. 280, sections 2 and 3. 1876, ch. 112.

7. The affidavit required by the preceding sections may be made by
the creditor, or one of them where there are more than one, or by the
agent of the creditor or creditors; by the president, cashier or other