642

LAWS OF MARYLAND.

Chapter 392.

AN ACT to repeal sections forty-two, forty-three
and forty-four of article thirty-seven, title
"Evidence," of the Code of Public General
Laws relating to the proof of open accounts,
and to re-enact said sections with amend-
ments.

SECTION 1. Be it enacted by the General As-
sembly of Maryland, That sections forty-two,

Repealed and
re-enacted.

forty-three and forty-four of article thirty-seven
of the Code of Public General Laws, title "Evi-
dence," be and the same are hereby repealed
and re-enacted with amendments so as to read
as follows :
SEC. 42. Be it enacted, That the oath of any
disinterested credible witness taken before any

Legal evi-
dence.

judge or justice of the peace of this state, or be-
fore 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
properly chargeable in account, shall be legal
evidence in any cqurt 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 ser-
vices 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 ef-
fects delivered or so sold, or the value of the
work so done or of the services so rendered, and

Proviso.

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 afore-
said, 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 au-