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Session Laws, 1939
Volume 581, Page 852   View pdf image (33K)
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852 LAWS OF MARYLAND. [CH. 397

SECTION 1. Be it enacted by the General Assembly of
Maryland,
That Section 51 of Article 35 of the Annotated
Code of Maryland (1924 Edition), title "Evidence", sub-
title "Proof of Accounts", be and the same is hereby
repealed and re-enacted with amendments to read as
follows:

Proof of Accounts.

51. 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, merchandise, 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, merchandise or effects
shall be 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 certi-
fied 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; such oath shall sufficiently prove such payment,
delivery, sale, work done, services rendered or other things
properly chargeable in account, and the price or value
thereof (as the case may be), and an assumption to pay for
the same, if the affiant (without stating, or being able to
state, the ultimate facts of such payment, delivery, sale,
work, services or other things, or such price or value, or
such assumption) shall state that the party bringing suit
therefor keeps regular books of account, that the keeping of
such books is in the charge or under the supervision of the
affiant, and that entries in such books, made in the regular
course of business, show that the person sued therefor is
indebted therefor to the party bringing suit therefor, over
ana above all discounts, in a specified amount, and shall
attach to such oath an itemized statement of such indebted-
ness as shown by such books; 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,


 

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Session Laws, 1939
Volume 581, Page 852   View pdf image (33K)
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