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Session Laws, 1957
Volume 640, Page 23   View pdf image (33K)
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Theodore R. McKeldin, Governor                      23

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 64 and 66 of Article 35 of the Annotated Code of Mary-
land (1956 Supplement), title "Evidence", sub-title "Proof of Ac-
counts", be and they are hereby repealed, and that new Sections 64
and 66 be and they are hereby enacted in lieu thereof, to stand in the
place of the sections so repealed, and to read as follows:

64. Proof by oath of creditor. Any account for money or goods lent
or due and chargeable in account for goods sold, work done or other
things properly chargeable in account, including any obligation or
liability in contract or quasi contract and whether express or implied,
which shall be sworn to by the creditor before a notary public or 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 as 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.

66. Affidavit by one joint plaintiff or by agent, partner or corporate
officer. In cases where there are two or more plaintiffs any affidavits
required under the preceding sections to be made by the party bring-
ing suit or by the creditor may be made by any one of the plaintiffs,
or if all the plaintiffs be absent from the State at the time of the
bringing of the suit, or if the plaintiff be a corporation, such affidavit
may be made by any agent of the plaintiff or plaintiffs, or any of them,
who will make further oath that he is such agent and that he has
personal knowledge of the matters therein stated; such affidavit, if
made on behalf of any firm or copartnership, shall be prima facie evi-
dence of said partnership and of the persons composing the same as
therein set forth, or if made on behalf of any body corporate by any
person therein alleging himself to be an officer or agent of the corpo-
ration authorized to make the affidavit shall be prima facie evidence
of the fact of its incorporation and of the matters therein set forth.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1,1957.

Approved January 28, 1957.

CHAPTER 20
(House Bill 50)

AN ACT to repeal and re-enact, with amendments, Section 11 of
Article 88A of the Annotated Code of Maryland (1951 Edition),

Explanation: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.

 

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Session Laws, 1957
Volume 640, Page 23   View pdf image (33K)
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