758

WITNESSES AND Evidence. [ART. 70.

decedents'
estates.

provisions thereof in relation to the proof of claims against the
estates of deceased persons.

Id s 42.
1785, c 46, s 4.
Foreign ac-
counts, how
proven
8 Md 25 , 22 Md
71 , 1 H & J
136,567, 2 H &
McH 380, 4 H
& McH 217.

41. The oath of any disinterested, credible witness, made and
certified as aforesaid, proving the payment or delivery of any money,
or the delivery or sale of any goods, wares, merchandise, chattels,
or effects whatsoever, by any merchant or person carrying on com-
merce, or using and carrying on any trade whatsoever, by buying and
selling, or manufacturing for sale, and being an inhabitant of any
other of the United States or of any foreign country, shall be legal
evidence in any court of this Slate to charge the person to whom
such money, goods, wares, merchandise, or effects shall be so proved
to be delivered; and the oath of such witness, made and certified
as aforesaid, shall be good evidence to prove the price of the goods,
wares, merchandise, and effects delivered or so sold, and also to
prove an assumption to pay for the same; provided, the party bring-
ing suit for such money or the price of such goods shall, at or be-

Affidavit.

fore the first imparlance court, make oath as aforesaid before some
judge or justice of this State, or before some judge, justice, or other
officer of the State or country where such money or goods shall
have been delivered, having authority and to be certified as afore-
said, that he believes the money, goods, wares, merchandise, effects,
or chattels charged in the account to which such oath shall be an-
nexed, were bona fide delivered as charged; that he hath not, to his
knowledge or belief, received any payment or satisfaction for the
articles 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 balance charged and claimed is justly due, accord-
ing to the best of his knowledge and belief.

DOMESTIC ACCOUNTS.

Art 37, s 43
1785, c 46, s 5.
Proof of do-
mestic accounts,
8 Md 25 , 22 Md
71 , 30 Md 326 ,
39 Md 585

42. The oath of any clerk, storekeeper, or disinterested credible
witness, taken before any judge or justice or court of this State, to
the deliverjr or payment of any money, or delivery or sale of any
goods, wares, merchandise, effects, or chattels, by any person mer-
chandising or carrying on commerce, or manufacturing for sale
within this State to any person within this State, shall be good and
sufficient evidence in any court of this State to charge the person to
whom such money shall be delivered or paid, or such goods, wares,
merchandise, effects, or chattels shall be sold or delivered, and also
to prove the assumption of the receiver or any person claiming under
him to pay for the same; provided, such oath be made within twelve

time.

months from the date of the articles respectively paid or delivered ;
but if any suit shall be brought to recover any money paid or de-
livered, or the price of any goods, wares, effects, or chattels sold or
delivered, the plaintiff shall, at or before the first imparlance court,
make oath before some judge or justice of this State, that he believes
the money, goods, wares, merchandise, effects, or chattels charged
in the account to which such oath shall be annexed, were bond fide