3404 ARTICLE 93

and moreover, the account shall appear to have been proved as open ac-
counts are required to be proved by article 35, title "Evidence."

Under this section and sec. 63 of art. 35, it is competent for a creditor or person
suing, who is one of the necessary parties, to make the affidavit required by this
section (although disqualified under art. 35, sec. 3, to testify to any statement or
transaction with decedent), which, together with the affidavit of a disinterested credible
witness, constitutes what is generally known as double probate. Bogart v. Willis, 158
Md. 401.

Sec. 112 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; Bushong v. Clark, 168
Md. 662.

See notes to sec. 87.

An. Code, 1924, sec. 94. 1912, sec. 92. 1904, sec. 91. 1888, sec. 92. 1798, ch. 101,

sub-ch. 9, sec. 10.

97. If the claim arises on a bond, note, or a bill of exchange, or -ac-
count for dealing with a factor, and the principal be 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. 112 is applicable to the claims mentioned in this section. Coburn v. Harris,
58 Md. 103.

An. Code, 1924, sec. 95. 1912, sec. 93. 1904, sec. 92. 1888, sec. 93. 1798, ch. 101,

sub-ch. 9, sec. 11.

98. 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 96 of this article, on oath of any other factor made
after the death of the decedent and certified and endorsed 011 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, 1924, sec. 96. 1912, sec. 94. 1904, sec. 93. 1888, sec. 94. 1798, ch. 101,

sub-ch. 9, sec. 12.

99. 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