982 EVIDENCE. [ART. 35

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 his knowledge or belief, but
that the whole or such part thereof as shall be stated in such oath to
be due remains unpaid to the best of his knowledge and belief.

1904, art. 35, sec. 47. 1888, art. 35, sec. 42. 1860, art. 37, sec. 41.
1785. ch. 46, sec. 3.

47. Nothing contained in this article in relation to the proof of
foreign deeds or other instruments of writing shall affect the provisions
of this code in relation to the conveyance of real estate within this State
by persons residing or being out of this State; nor the provisions thereof
in relation to the proof of claims against the estates of deceased persons.

Proof of Accounts.

Ibid. sec. 48. 1888, art. 35, sec. 43. 1860, art. 37, sec. 42. 1785, ch. 46,
sec. 4. 1888, ch. 392.

48. The oath of any disinterested credible witness taken before any
judge or justice of the peace of this State, or before any officer of the
State or county where such witness may be at the time, having authority
to administer an oath therein, and certified as aforesaid, proving the
payment or delivery of any money, or the delivery or sale of any goods,
wares, merchandise, chattels or effects, or any work done, services
rendered or other things properly chargeable in account, shall be legal
evidence in any court or before any justice of the peace of this State
to charge the person to whom such money, goods, wares, merchandise
or effects shall be so proved to be delivered, or at whose instance or
request such work or services shall be so proven to be done or rendered ;
and the oath of such witness, made and certified as aforesaid shall be
good evidence to prove the price of the goods, wares, merchandise and
effects delivered or so sold, or the value of the work so done or of the
services so rendered, and also to prove an assumption to pay for the
same; provided, the party bringing suit for such money, or the price
of such goods, or the value of such work or services, shall, on or before
the first day of the trial term of the court, make oath as aforesaid before,
some judge or justice of the peace of this State or before some officer
of the State or country where he may be at the time having authority
to administer an oath therein and certified as aforesaid, that he believes
the money, goods, merchandise, effects or chattels charged in the account
to which such oath shall be annexed were bona fide delivered as charged
or that the work or services charged in said account were bona fide done
or rendered as therein charged and that he hath not to his knowledge
or belief received any payment or satisfaction for the articles, work or
services therein charged more than credit is duly given for in and
appearing upon the said account, nor hath he received any security for
the same, and that the amount charged and claimed is justly clue
according to the best of his knowledge and belief.