ART. 70.] WITNESSES AND Evidence.

sufficient evidence in any court of this State to prove such deed or
instrument of writing.

757

37. Where any deed, bond, bill, note, or other instrument of
writing, hath been executed in any other of the United States, or in
any foreign country, and to give validity to which recording or
registering is not made necessary, proof of the execution of such
deed, bond, bill, note, or other instrument of writing, by the oath of
the subscribing witnesses to the same, or any of them, taken before
a commissioner of this State to take acknowledgments of deeds, or
before any court, judge, or justice, or other officer of the Slate or
country where such deed, bond, bill, or instrument hath been exe-
cuted, having authority by law to administer an oath, and a certifi-
cate 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 aforesaid, the
same to be certified under his official seal, shall be good and suffi-
cient evidence in any court of this State to prove such deed, bond,
bill, note, or other instrument.

Id s 38
1783, c 46, s 3
Proof of foreign
deed or other
instrument of
writing, where
recording is
not made
necessary

38. If all the witnesses to any deed, bond, bill, note, or other
instrument of writing, 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 handwriting of the sub-
scribing 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.

Id s 39
1785, c 46,s 3.
Proof of deed,
etc , where wit-
nesses of exe-
cution dead.

39. But if any suit be brought in any court of this State, upon
any instrument of writing proved as hereinbefore directed, to re-
cover any sum of money, or other valuable thing specified therein
to be due, the party bringing 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 instrument 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 instrument 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.

Id s 40
1783, c 46, s 3
Oath to be made
by plaintiff
where suit upon
instrument of
writing proven
as aforesaid

40. Nothing contained in this article, in relation to the proof of
foreign deeds or other instruments of writing, shall affect the pro-
visions 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

Id s 41.
1783. c 46, s 3.
Not to affect
laws relating to
conveyancing,
a proof of
claims against