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ELIHU E. JACKSON, ESQUIRE, GOVERNOR.
Chapter 459.
AN ACT to repeal and re-enact with amend-
ments section forty-three of article thirty-
seven of the Code of Public General Laws,
title "Evidence."
SECTION 1. Be it enacted by the General As-
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741
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sembly of Maryland, That section forty-three of
article thirty-seven of the Code of Public Gen-
eral Laws, title "Evidence," be repealed and
re-enacted with amendment so as to read as fol-
lows :
43. The oath of any clerk, storekeeper or dis-
interested credible witness taken before any offi-
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Repealed and
re-enacted.
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cer of this state, authorized by law to administer
an oath, to the delivery or payment of any money,
or delivery or sale of any goods, wares, mer-
chandise, effects or chattels by any merchant,
manufacturer, trader or other person within this
state to any person within this state, shall be
good and sufficient evidence in any court of this
state, or before any justice of the peace of this
state, to charge the person to whom such money
shall be delivered or paid, or such goods, wares,
merchandise, effects or chattels shall be sold or
delivered, and also to prove the assumption of
the receiver or any person claiming under him
to pay for the same ; provided the party bring-
ing suit for such wares, or the price of such
goods, wares, merchandise, chattels and effects
shall make oath or affirmation before some offi-
cer within this state, authorized to administer an
oath, that he believes the money, goods, wares,
merchandise, effects or chattels charged in the
account to which such oath shall be annexed
were bona fide delivered as charged, and that he
hath not, nor any person for him to his knowl-
edge or belief, received any payment or satisfac-
tion for the articles 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 the balance charged and claimed
is justly due according to the best of his knowl-
edge and belief.
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Shall be suffi-
ciant evidence
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