ART. 50. ] SETTLEMENT OF DECEDENTS' ESTATES.

of this article, an oath of any other factor, made after the death of the
decedent and certified and indorsed on the statement as aforesaid,
"that the said bond, note, bill, or account, came into his hands as

461

factor for the creditor residing at ————, after the death or removal
of ————, the factor who took the said bond, note, bill, or delivered
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, ex-
cept what (if any) is credited; " and the said oath, with the other
respective vouchers or proofs as aforesaid, shall be sufficient to au-
thorize the administrator to pay as aforesaid

Form of oath

161. 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 governor, 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 within this
State.

Id 8 95
1798, c 101,
sub-c 9, s 12
Affidavits out of
Stale, how made
and certified

102. If the creditor be an administrator, the claim shall not be
received, although vouched or approved as aforesaid, unless he
make oath, to be certified as aforesaid, " that it does not appear
from any book, or writing of his decedent, that any part of the said
claim hath been discharged, except what (if any) is credited, and
that to the best of the deponent's knowledge and belief, no part of
the said claim hath been discharged, and no security or satisfaction

Id s 96
1798, c 101,
sub-c 9, 6 14
It creditor be
administrator,
how proven
20 Md. 282

given for the same, except what (if any) is credited. "
163. In no case shall an administrator be allowed to retain for
his own claim against the decedent, unless the same be passed by
the Orphans' Court, and every such claim shall stand on an equal
footing with other claims of the same nature.

Id 8 97
1798, c 101,
sub-c 8, s 19
Administrator
not to retain for
his own claim,
unless passed.
10 Md 242,
14 Md 8

164. No administrator shall be allowed in his account for any
claim discharged by him, unless he produce the claim passed by the
Orphans' Court, or proven as herein directed.
163. The register of wills shall enter in a suitable book, to be
provided by him for that purpose, all claims against a decedent, in

Id s 98
1798, c 101,
sub-c 9, s 15.
Not to be al-
lowed for claims
unless proven
or passed
30 Md 553

regular order, as they are passed by the Orphans' Court or register
of wills, giving the date of the passage, the name of the creditor, the
character of such claim, whether open account, note, bond, bill ob-
ligatory, judgment, or other evidence of debt, and the amount
thereof, it an open account, the interest due thereon up to the date
of the passage shall be stated separately; if a note, bond, bill obli-
gatory, judgment, or other evidence of debt, the date thereof, and
the date from which interest begins to run, shall also be stated, and
other particulars of such claims, and the entry of a claim upon such
book shall be taken as notice to the administrator of its existence;

1862, c 142
How claims
against dece-
dent to be en-
tered in book
by register
17 Md 569,
25 Md 585.