ART. 35] PEOOF OF ACCOUNTS. 983

Proof in accordance with this section, held sufficient to establish an account
prima facie. Jackson v. West, 22 Md. 82.

Held (under the act of 1785, ch. 46), that the omission of the word "secur-
ity" in the probate of an account was fatal. If each of two several probates
is defective In itself, the two can not be considered together so as to make
either complete. This section must be strictly construed. Dyson v. West, 1
H. & J. 567. And see Smoot v. Bunbury, 1 H. & J. 137; Evans v. Bonner, 2
H. & McH. 377.

The power of the orphans' court to pass accounts is not limited to such as
are proved according to the act of 1785, ch. 46. Stevenson v. Shriver, 9 G. &
J. 336.

See sec. 51.

1904, art. 35, sec. 49. 1888, art 35, sec. 44. 1860, art. 37, sec. 43.
1785, ch. 46, sec. 5. 1888, ch. 392.

49. Any account for money or goods lent or due and chargeable for
goods sold, work done or other things properly chargeable in account
not exceeding fifty dollars which shall be sworn to by the creditor before
a justice of the peace of this State or before any officer of any other
State or country where he may be at the time having authority to
administer an oath therein and certified as 'aforesaid to be just and
true, and that he hath not, directly or indirectly, received to his knowl-
edge any part or parcel of the money or goods charged as due by
such account or any security or satisfaction for the same more than
credit shall be given for, shall be received as good evidence in any court
or before any justice of the peace of this State, unless the debtor or
defendant shall make it appear by lawful evidence that such account is
false in part or in whole.

An affidavit made in pursuance of article 37, section 43 of the code of
1860, held not to be evidence, It not appearing that the additional affidavit
which that section required when a suit was brought, was made. Such
defect was not cured by the act of 1864, ch. 109—see section 1. Ward v.
Leitch, 30 Md. 334.

For cases dealing with the act of 1729, ch. 20, see Warner v. Fowler, 8 Md.
25; Smoot v. Bunbury, 1 H. & J. 136; Sanders v. Leigh, 2 H. & McH. 380.

Ibid. sec. 50. 1888, art. 35, sec. 45. 1860, art. 37, sec. 44.
1888, ch. 392.

50. In cases where there are two or more plaintiffs any affidavits
required under the preceding sections to be made by the party bringing
suit or by the creditor may be made by any one of the plaintiffs, or if
all the plaintiffs be absent from the State at the time of the bringing
of the suit, or if the plaintiff be a corporation, such affidavit may be
made by any agent of the plaintiff or plaintiffs, or any of them, who
will make further oath that he is such agent and that he has personal
knowledge of the matters therein stated; such affidavit, if made on
behalf of any firm or copartnership, shall be prima facie evidence of
said partnership and of the persons composing the same as therein set
forth, or if made on behalf of any body corporate by any person therein
alleging himself to be a charter officer thereof shall be prima facie evi-
dence of the fact of its corporation as therein set forth.