1984 TESTAMENTARY LAW. [ART. 93
to the time of the assignment, and in case of successive
assignees, there shall be the same oath taken by each with
respect to the time of each respective assignment.
1888, art. 93, sec. 88. 1860, art. 93, sec. 89. 1798, ch. 101, sub-ch. 9, sec 6.
87. In case of a bill of exchange, the protest and other
things which would be required (if the deceased were alive)
shall be necessary to justify an executor or administrator in
making payment or distribution.
Ibid. sec. 89. 1860, art. 93, sec. 90. 1798, ch. 101, sub-ch. 9, sec. 7.
88. If the claim be for rent there shall be produced the
lease itself, oi the deposition of some credible witness or
witnesses, or an acknowledgment in writing of the deceased,
establishing the contract and the time which hath elapsed
during which rent was chargeable, and a statement of the sum
due for such rent, with an oath of the creditor endorsed
thereon, "that no part of the sum due for said rent, or any
security or satisfaction for the same hath been received, except
what (if any) is credited," and if the creditor be an assignee,
there shall be such oath of the original creditor with respect
to the time of the assignment.
Ibid. sec. 90. 1860, art. 93, sec 91. 1836, ch. 192.
89. The proof of a claim for rent in arrear, so as to render
the same a preferred claim, shall be the proofs and vouchers
for rent aforesaid; and proof that the claim is such that a
distress therefor might be levied on said deceased's goods and
chattels in the hands of the administrator; but the preference
given for rent is not to impair the landlord's right of distress
if he should think proper to exercise it.
Ibid. sec. 91. 1860, art. 93, sec. 92. 1798, ch. 101, sub-ch 9, sec. 8.
90. The vouchers or proofs of any claim on open account
shall be a certificate of an oath token by the creditor since the
death, endorsed on or annexed to the account, that "the account
as stated is just and true, and that he hath not received any
part of the money stated to be due, or any security or satisfac-
tion for the same, except what (if any) is credited;" and more-
over, the account shall appear to have been proved as open
accounts are required to be proved by article 35, title
"Evidence."
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