2900 ARTICLE 93.

An. Code, sec. 87. 1904, sec. 86. 1888, sec. 87. 1798, ch. 101, sub-ch. 9, sec. 5.

89. If the creditor on such instrument be an assignee, there shall be
the same oath of the original creditor, with respect to the time of the
assignment, and in case of successive assignees, there shall be the same
oath taken by each with respect to the time of each respective assignment.

An. Code, sec. 88. 1904, sec. 87. 1888, sec. 88. 1798, ch. 101, sub-ch. 9, sec. 6.

90. In case of a bill of exchange, the protest and other things which
would be required (if the deceased were alive) shall be necessary to justify
an executor or administrator in making payment or distribution.
As to the protest of bills of exchange, see art. 13, sec. 171, et seq.

An. Code, sec. 89. 1904, sec. 88. 1888, sec. 89. 1798, ch. 101, sub-ch. 9, sec. 7.

91. 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. May-
naider v. Armstrong, 98 Md. 177.

See sec. 120.

An. Code, sec. 90. 1904, sec. 89. 1888, sec. 90. 1836, ch. 192.

92. 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 lien. Buckey v.
Snouffer, 10 Md. 156.
See notes to secs. 91 and 120.

An. Code, sec. 91. 1904, sec. 90. 1888, sec. 91. 1798, ch. 101, sub-ch. 9, sec. 8.

93. 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 ac-
counts are required to be proved by article 35, title " Evidence."

Sec. 109 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.