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hath been received, or any fecurity or fatisfaction given for the fame, except what (if any) is
credited."
5. And if the creditor on fuch inftrument be an affignee, there fhall be the fame oath for af-
firmation) of the original creditor, with refpect to the time of the affignment; and in cafe of
fucceffive affignees, there fhall be the fame oath, or affirmafton, taken by each with refpect to
the time or each refpective affignment.
6. In cafe of a bill of exchange, the proteft, and other things which would be required (if
the deceafed were alive,) fhall be neceffary to juftify an executor or adminiftrator in making pay-
ment or diftribution.
7. If the claim be for rent, there fhall be produced the leafe itfelf, or the depofition of fome
credible witnefs or witneffes, or an acknowledgment in writing of the deceafed, eftablifhing the
contract, and the time which hath elapfed during which rent was chargeable, and a ftatement of
the fum due for fuch rent, with an oath or affirmation of the creditor thereon endorfed "that
no part of the fum due for the faid rent, or any fecurity or fatisfaction for the fame, hath been
received, except what (if any) is credited;" and if the creditor be an affignee, there fhall be
fuch oath (or affirmation) of the original creditor, with refpect to the time of affignment.
8. The vouchers or proofs of any claim on open account fhall be a certificate of an oath or af-
firmation taken by the creditor as aforefaid, fince the death, endorfed on, or annexed to the ac-
count, " that the account as ftated is juft and true, and that he (or fhe) hath not received any
part of the money ftated to be due, or any fecurity or fatisfaction for the fame, except what (if
any) is credited;" and moreover the account fhall appear to have been proved as is required by
an act paffed at November feffion, one thoufand feven hundred and eighty-five, chapter forty-fix.
9. Provided neverthelefs, that it fhall not be confidered as the duty of an executor or admi-
niftrator to avail himfelf of the act of limitation to bar what he fuppofes to be a juft claim, but
the fame fhall be left to his honefty and difcretion.
10. If the claim arifes on a bond, note, or bill of exchange, or account for dealing with a
factor, and the principal be not within the ftate, the factor who took the faid bond, or note or
bill, or who fold or delivered the articles in the account, may make oath, or affirmation to be
certified as aforefaid, and endorfed on. a ftatement of the money thereon due, "that the faid
ftatement is full, juft and true, and that he (the deponent) took the faid bond, (or note, or bill,
or delivered the articles charged in the account,) as factor to —— —— , living in (or lately of)
——; that neither he (the deponent) nor the principal, nor any other perfon for him, or the
principal to his knowledge or belief, hath received any part of the money originally due on fuch
bond, note, bill or account, or any fecurity or fatisfaction for the fame, except what (if any) is
credited;" and the faid oath, or affirmation, with the other refpective vouchers and proofs afore-
faid, fhall authorife, the executor or adminiftrator in making payment or diftribution.
11. If the factor aforefaid be dead, or out of the ftate, and the principal be alfo out of the
ftate, and it fhall appear (in cafe of account) that the fame have been regularly proved according
to the act of 1785 aforefaid, an oath, (or affirmation,) of any other factor, made after the death
of the teftator or inteftate, and certified and endorfed on the ftatement as aforefaid, "that
the faid bond, note, bill or account, came into his hands as factor for the creditor, refiding
in —————, after the death (or removal) of —— ——— , the factor who took the faid bond,
(or note, or bill, or delivered the articles in the account ;) that he hath reafon to believe, and
does believe, that the faid ftatement is full, juft and true, and that no part of the money ori-
ginally due on fuch bond, (note, bill or account,) or any fecurity or fatisfaction for the fame,
hath been received, except what (if any) is credited;" and the faid oath, or affirmation, with
the other refpective vouchers or proofs as aforefaid, fhall be fufficient to authorife the executors
as aforefaid.
12. When any affidavit or depofitions to prove claims fhall have been taken out of the ftate,
the fame fhall be good, if taken and certified as aforefaid by the notary of the place, or by fome
perfon there authorifed to adminifter an oath, and certified to be fuch under the feal of the go-
vernor, mayor or chief magiftrate, or clerk of any court of record, or notary public of fuch
place, and the faid oath, affirmation or deposition, fhall be as available as if taken before a juftice
within the ftate.
13. Provided neverthelefs, that no executor or adminiftrator fhall be obliged to difcharge any
claim, of which vouchers and proofs fhall be exhibited as aforefaid, but may reject, and at law
difpute the fame, in cafe he fhall have reafon to believe that the deceafed never owed the debt,
or had difcharged the fame, or a part thereof, or had a claim in bar; but every executor or ad-
miniftrator fhall be obliged to difcharge the fame, or pay a juft proportionable part thereof, if
paffed by the orphans court granting his letters, unlefs he fhall appeal from the decifion of the
court in the manner hereafter directed.
4. If the creditor be an executor or adminiftrator, the claim fhall not be received, although
vouched or approved as aforefaid, unlefs he make oath or affirmation, to be certified as aforefaid,
that it does not appear from any book or writing of his teftator, (or inteftate,) that any part
of the faid claim hath been difcharged, except what (if any) is credited, and that, to the
beft of the deponent's knowledge and belief, no part of the faid claim hath been difcharged,
and no fecurity or fatisfaction hath been given for the fame, except what (if any) is credited,"
15. No executor or administrator fhall be allowed in his account for any claim by him dif-
charged, unlefs he produce the claim, paffed by the orphans court, or proofs or vouchers as
aforefaid.
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