700 EVIDENCE—FOREIGN RECORDS. [ART. 35.

where the same may be executed, require to be recorded or
registered, and which has been recorded agreeably to such laws,
under the hand of the keeper of such record or register and the
seal of the court or office in which such record or register has
been made, or a copy of any deed or other instrument of writing
lodged for safe keeping in any office or court agreeably to the
laws of the State or country as aforesaid, and certified as afore-
said, shall be good and sufficient evidence in any court of this
State to prove such deed or instrument of writing.

Bruce e Smith, 3 H & J. 499. Preston v. Evans, 56 Md 478. DeRiesthal
v. Walton, 66 Md. 473.

P. G. L., (1860,) art. 37, sec. 38. 1785, ch 46, sec. 3. 1888, ch. 545.

39. 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 acknowledgement of

deeds, or before any court, judge or justice, or other officer of the
State or country where such deed, bond, bill or instrument hath
been executed, having authority by law to administer an oath,
and a certificate 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 ad-
minister an oath, and that such oath hath been duly made before
such court, judge, justice or other officer, or if proved before the

commissioner or notary public aforesaid, the same to be certified
under his official seal, shall be good and sufficient evidence in any

court of this State to prove such deed, bond, bill, note or other
instrument.

Ibid sec. 39. 1785, ch. 46, sec. 3. 1882, ch. 77.

40. If there be no subscribing witnesses to any such deed,
bond, bill, note or other instrument of writing, or if all the wit-
nesses thereto 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 subscribing