ART. 93] DEBTS. 2059

1904, art. 93, sec. 88. 1888. art. 93. sec. 89. 1860, art. 93, sec. 90. 1798, ch.

101, sub-ch. 9, sec. 7.

89. If the claim be for rent there shall be produced the lease itself,
or the deposition of some credible witness or witnesses, or an acknowl-
edgment in writing of the deceased, establishing the contract and the
time which hath elapsed during which rent was chargeable, and a
statement of the sum due for such rent, with an oath of the creditor
endorsed thereon, "that no part of the sum due for said rent, or any
security or satisfaction for the same hath been received, except what
(if any) is credited," and if the creditor be an assignee, there shall
be such oath of the original creditor with respect to the time of the
assignment.

A claim coming under this section held to have been improperly passed.
Maynadier v. Armstrong, 98 Md. 177.

See sec. 115.

Ibid. sec. 89. 1888, art. 93, sec. 90. 1860, 93. sec. 91. 1836, ch. 192.

90. The proof of a claim for rent in arrear, so as to render the

same a preferred claim, shall be the proofs and vouchers for rent

aforesaid; and proof that the claim is such that a distress therefor

might be levied on said deceased's goods and chattels in the hands

of the administrator; but the preference given for rent is not to impair

the landlord's right of distress if he should think proper to exercise it.

This section referred to as showing that rent is not of itself a Hen. Buckey

v. Snouffer, 10 Md. 156.

See notes to sections 89 and 115.

Ibid. sec. 90. 1888, art. 93, sec. 91. 1860, art. 93, sec. 92. 1798, ch.
101, sub-ch. 9, sec. 8.

91. The vouchers or proofs of any claim on open account shall be
A certificate of an oath taken by the creditor since the death, endorsed
on or annexed' to the account, that "the account as stated is just and
true, and that he hath not received any part of the money stated to
be due, or any security or satisfaction for the same, except what (if
any) is credited;" and moreover, the account shall appear to have been
proved as open accounts are required to be proved by article 35, title
"Evidence."

Section 107 is applicable to the claims mentioned in this section. Coburn
v. Harris, 58 Md. 103.

For a case holding the affidavit to a claim defective both in itself and in
the parties who made it, see Cecil v. Rose, 17 Md. 104.

Object and scope of this section. Stevenson v. Schriver, 9 G. & J. 336.
And see Hammond v. Hammond, 2 Bl. 366.

Cited but not construed in Flater v. Weaver, 108 Md. 672.

Ibid. sec. 91. 1888, art. 93, sec. 92. 1860, art. 93. sec. 93. 1798,
ch. 101, sub-ch. 9, sec. 10.

92. 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,