EVIDENCE. 1395

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 pay-
ment 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 due according to the best of his knowledge and belief.

Open accounts covering goods sold and delivered, with affidavits attached, not
admissible in evidence under this and the following section, as basis of decree. Roland
v. People's Bank, Somerset County, 134 Md. 221.

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

Held (under act, 1785, ch. 46), that omission of word "security" in the probate
of an account was fatal. If each of two several probates is defective ia itself, the two
cannot 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 E.
& J. 137; Evans v. Bonner, 2 H. & McH. 377.

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

See sec. 54.

An. Code, sec. 49. 1904, sec. 49. 1888, sec. 44. 1785, ch. 46, sec. 5. 1888, ch. 392.

52. 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 knowledge any part or parcel of the
money or goods charged as due by such account or any security or satisfac-
tion 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.

Affidavit made in pursuance of art. 37, sec. 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 act, 1864, ch. 109—
see sec. 1. Ward v. Leitch, 30 Md. 334.

For cases dealing with 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.

See notes to sec. 51.

An. Code, sec. 50. 1904, sec. 50. 1888, sec. 45. 1888, ch. 392.

53. In cases where there are two or more plaintiffs any affidavits re-
quired 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