EVIDENCE 1607

of them, taken before a commissioner of this State to take acknowledgment
of deeds, or before any court, judge or justice or other officer of the State or
country where such deed, bond, bill or instrument hath been executed, hav-
ing authority by law to administer an oath, and a certificate under seal from
the governor, chief magistrate or a notary public of such State or country,
that the court or officer before whom such oath was taken had authority to
administer an oath, and that such oath hath been duly made before such
court, judge, justice or other officer, or if proved before the commissioner or
notary public aforesaid, the same to be certified under his official seal, shall
be good and sufficient evidence in any court of this State to prove such deed,
bond, bill, note or other instrument.
See secs. 50 and 87.

An. Code, 1924, sec. 48. 1912, sec. 45. 1904, sec. 45. 1888, sec. 40. 1785, ch. 46, sec. 3.

1882, ch. 77.

53. If there be no subscribing witnesses to any such deed, bond, bill,
note or other instrument of writing, or if all the witnesses thereto shall die
before the execution thereof be proved as aforesaid, proof by a credible
witness to the handwriting of the party making the same, or to the hand-
writing of the subscribing witnesses to the same, or any of them, taken and
certified as directed in the preceding section, shall be good evidence to
prove such deed, bond, bill, note or other instrument of writing.

An. Code, 1924, sec. 49. 1912, sec. 46. 1904, sec. 46. 1888, sec. 41. 1785, ch. 46, sec. 3.

54. 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
knowledge 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, 1924, sec. 50. 1912, sec. 47. 1904, sec. 47. 1888, sec. 42. 1785, ch. 46, sec. 3.

55. 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.

Foreign Laws.

1939, ch. 131, sec. 50A.

56. Every court of this State shall take judicial notice of the com-
mon law and statutes of every State, territory and other jurisdiction of the
United States, and of every other jurisdiction having a system of law based
on the common law of England.