1394 ARTICLE 35.

An. Code, sec. 46. 1904, sec. 46. 1888, sec. 41. 1785, ch. 46, sec. 3.

49. But if any suit be brought in any court of this State upon any
instrument of writing proved as hereinbefore directed to recover any sum
of money or other valuable thing specified therein to be due, the party bring-
ing such suit shall at or before the first imparlance court make oath before
some judge or justice of this State or before the commissioner aforesaid, or
some judge or justice or other officer of the State or country where such in-
strument of writing hath been executed having authority to administer an
oath, and to be certified as aforesaid that such instrument of writing was
duly executed by the person therein mentioned to have executed the same
and that the debt or other valuable thing appearing to be due by such instru-
ment 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 knowl-
edge 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.

An. Code, sec. 47. 1904, sec. 47. 1888, sec. 42. 1785, ch. 46, sec. 3.

50. 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.

An. Code, sec. 48. 1904, sec. 48. 1888, sec. 43. 1785, ch. 46, sec. 4. 1888, ch. 392.

51. 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, mer-
chandise, 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 certi-
fied 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