460

SETTLEMENT OF DECEDENTS' ESTATES. [ART. 50.

Id s 89
1798, c 101,
sub-c 9, s 6
In case of bill of
exchange, pro-
test required

155. In case of a bill of exchange, the protest and other things
which would be required (if the deceased were alive), shall be neces-
sary to justify an executor. or administrator in making payment or
distribution.

Id s 90
1798, c 101,
sub-c 9, 8 7
Claim for rent,
how proven

156. If the claim be for rent, there shall be produced the lease
itself, or the deposition of some credible witness or witnesses, or an
acknowledgment in writing of the deceased, establishing the con-
tract and the time which hath elapsed during which rent was charge-
able, and a statement of the sum due for such rent, with an oath of
the creditor indorsed 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.

Id s 91
1886, c 192
Claim for rent,
when preferred

137. 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 thinks proper to exer-
cise it.

Id s 92
1798, c 101,
sub-c 9, s 8
Open accounts,
how proven

158. The vouchers or proofs of any claim on open account shall
be a certificate of an oath taken by the creditor since the death
indorsed 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 accounts are required to be proved by
article LXX of this Code.

Id s 93
1798, c 101,
sub-c 9, s 10
Bond, etc, or
account for
dealing with
factor.

159. If the claim arises on a bond, note, or a bill of exchange, or
account 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 indorsed on a statement of the money due
thereon, "that the said statement is full, just, and true, and that he

Form of oath

(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 princi-
pal, 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 administrator in payment or distribution

Id s 94
1798, c 101,
sub-c 9, s 11
If factor be dead
or out of State.

160. If the factor aforesaid be dead, or out of the State, and the
principal be also out of the State, and it shall appear, in case of ac-
count, that the same has been regularly proved by a disinterested,
credible witness, as prescribed in section one hundred and fifty-eight