702 EVIDENCE—ACCOUNTS. [ART. 35.

properly chargeable in account, shall be legal evidence in any
court or before any justice of the peace of this State to charge
the person to whom such money, goods, wares, merchandise or
effects shall be so proved to be delivered, or at whose instance or
request such work or services shall be so proven to be done or
rendered; 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, or the
value of the work so done or of the services so rendered, and also
to prove an assumption to pay for the same; provided, the party
bringing suit for such money, or the price of such goods, or the
value of such work or services, shall, on or before the first day of
the trial term of the court, make oath as aforesaid, before some
judge or justice of the peace of this State, or before some officer
of the State or county where he may be at the time, having
authority to administer an oath therein, and certified as aforesaid,
that he believes the money, goods, merchandise, effects or chattels
charged in the account to which such oath shall be annexed,
were bona fide delivered as charged, or that the work or services
charged in said account were bona fide done or rendered as
therein charged, and that he hath not to his knowledge or belief
received any payment or satisfaction for the articles, work
or services therein charged more than credit is duly given for in
and appearing upon the said account, nqr hath he received
any security for the same, and that the amount charged and
claimed is justly due according to the best of his knowledge and
belief.

Evans v. Bonner, 2 H. & McH 377. Gordon v. Hickman's Adm'x, 4 H. &
McH. 217. Dyson e West, 1 H. & J. 567. Stevenson v. Shriver, 9 G. & J. 336.

P. G. L., (1860,) art. 37, sec. 43. 1785, ch. 46, sec 5. 1888, ch. 892

44. Any account for money or goods lent or due, and charge-
able for goods sold, work done, or other things properly
chargeable in account, not exceeding fifty dollars, which shall be
sworn to by the creditor before a justice of the peace of this
State, or before any officer of any other State or county where he
may be at the time, having authority to administer an oath
therein, and certified as aforesaid to be just and true; and that