ART. 35] PROOF. OF ACCOUNTS. 1105

party making the same, or to the handwriting of the subscrib-
ing 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.

1888, art. 35, sec 41. 1860, art. 37, sec. 40. 1785, ch. 46, sec 3.
46. But if any suit be brought in any court of this State
upon any instrument of writing proved as hereinbefore directed
to recover 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.

Ibid. sec. 42. 1860 art. 37, sec 41. 1785, ch. 46, sec. 3
47. 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. 43. 1860, art. 37, sec 42. 1785, ch. 46, sec. 4, 1888, ch. 392
48. 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, merchan-
dise, chattels or effects, or any work done, services rendered
or other things 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,