TESTAMENTARY LAW. 2901
An. Code, sec. 92. 1904, sec. 91. 1888, sec. 92. 1798, ch. 101, sub-ch. 9, sec. 10.
94. If the claim arises on a bond, note, or a bill of exchange, or ac-
count for dealing with a factor, and the principal he not within the State,
the factor who took the said bond, note or bill, or who sold or delivered
the articles in the account, may make oath, to be certified as aforesaid and
endorsed on a statement of the money due thereon, " that the said state-
ment is full, just and true, and that he (the deponent) took the said bond
or note, or bill, or delivered the articles charged in the account, as factor
to ————, living in or lately of ————, and that neither he, the deponent,
nor the principal, nor any other person for him or the principal, to his
knowledge or belief, hath received any part of the money originally due
on such bond, note, bill or account, or any security or satisfaction for the
same, except what (if any) is credited; " and the said oath with the other
respective vouchers and proofs as aforesaid shall authorize the adminis-
trator to make payment or distribution.
Sec. 109 is applicable to the claims mentioned in this section. Coburn v. Harris,
58 Md. 103.
An. Code, sec. 93. 1904, sec. 92. 1888, sec. 93. 1798, ch. 101, sub-ch. 9, sec. 11.
95. If the factor aforesaid be dead or out of the State, and the princi-
pal be also out of the State, and it shall appear, in case of account, that
the same has been regularly proved by a disinterested, credible witness,
as prescribed in section 93 of this article, on oath "of any other factor made
after the death of the decedent and certified and endorsed on the state-
ment as aforesaid, " that the said bond, note, bill or account came into his
hands as factor for the creditor residing in ————— after the death or
removal of ————, the factor who took the said bond, note, bill, or de-
livered the articles in the account, that he has reason to believe and does
believe, that the said statement is full, just and true, and that no part of
the money originally due on such bond, note, bill or account, or any security
or satisfaction for the same hath been received except what (if any) is
credited may be made; " and the said oath, with the other respective
vouchers or proofs as aforesaid, shall be sufficient to authorize the admin-
istrator to pay as aforesaid.
An. Code, sec. 94. 1904, sec. 93. 1888, sec. 94. 1798, ch. 101, sub-ch. 9, see. 12.
96. When any affidavit or depositions to prove claims shall have been
taken out of the State, the same shall be good if taken and certified as
aforesaid by the notary of the place, or by some person there authorized
to administer an oath, and certified to be such under the seal of the gov-
ernor or mayor, or chief magistrate or clerk of any court of record, or
notary public of such place; and the said oath shall be as available as if
taken before a justice of the peace within this State.
An. Code, sec. 95. 1904, sec. 94. 1888, sec. 95. 1798, ch. 101, sub-ch. 9, sec. 14.
97. If the creditor be an administrator, the claim shall not be received,
although vouched or approved as aforesaid, unless he make oath to be cer-
tified as aforesaid, " that it does not appear from any book or writing of
|
![clear space](../../../images/clear.gif) |