EVIDENCE 1609

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; such oath shall sufficiently prove such
payment, delivery, sale, work done, services rendered or other things prop-
erly chargeable in account, and the price or value thereof (as the case may
be), and an assumption to pay for the same, if the affiant (without stating,
or being able to state, the ultimate facts of such payment, delivery, sale,
work, services or other things, or such price or value, or such assumption)
shall state that the party bringing suit therefor keeps regular books of ac-
count, that the keeping of such books is in the charge or under the super-
vision of the affiant, and that entries in such books, made in the regular
course of business, show that the person sued therefor is indebted therefor to
the party bringing suit therefor, over and above all discounts, in a speci-
fied amount, and shall attach to such oath an itemized statement of such
indebtedness as shown by such books; 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 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 payment or satisfaction for the articles, work, or
services therein charged more than credit is duly given for in and appear-
ing 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 ad-
missible 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 in 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 H.
& 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. 67 and notes to sec. 68.

An. Code, 1924, sec. 52. 1912, sec. 49. 1904, sec. 49. 1888, sec. 44. 1785. ch. 46 sec 5

1888, ch. 392.

64. 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,