ART. 35.] FOREIGN INSTRUMENTS—ACCOUNTS. 701

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.

P. G. L., (1860,) art. 37, sec. 40. 1785, ch, 46, sec 8.

41. 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 jus-
tice 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 sat-
isfied 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 knowl-
edge and belief.

Ibid, sec 41. 1785, ch. 46, sec. 8.

42. Nothing contained in this article in relation to the proof
of foreign deeds or other instruments of writing shall affect the
provisions 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 provisions thereof in relation to the proof of claims-
against the estates of deceased persons.

Proof of Accounts.

Ibid. sec. 42 1785, ch. 46, sec. 4. 1888, ch. 892.

43. The oath of any disinterested credible witness taken before
any judge or justice of the peace of this State, or before any
officer of the State or county where such witness may be at the
time, having authority to administer an oath therein, 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, or any work done, services rendered or other things.