1106 EVIDENCE. [ART. 35

merchandise or effects shall bs 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 country 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, nor hath he received any security for the same,
and that the amount charged and claimed is justly due accord-
ing 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 v. West, 1 H. & J. 567. Stevenson v. Shriver, 9 G. & J. 336.

1888, art. 35, sec. 44. 1860, art. 37, sec. 43. 1785, ch. 46, sec. 5.
1888, ch. 392.

49. Any account for money or goods lent or. due and
chargeable 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 country 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
he hath not, directly or indirectly, received to his knowledge
any part or parcel of the money or goods charged a°s due by
such account or any security or satisfaction for the same more
than credit shall be given for, shall be received as good evidence
in any court or before any justice of the peace of this 'State,
unless the debtor or defendant shall make it appear by lawful
evidence that such account is false in part or in whole.

Sanders v. Leigh, 2 H. & McH. 380. Smoot's Ex'r v. Bunbury's Ex'r, 1
H. & J. 136. Warner v. Fowler, 8 Md. 25.