Marvin Mandel, Governor                         623

witnesses before [justices of the peace] the District Court, to be
paid by the party summoning them.]

§ 54. Proof by oath of disinterested witnesses.

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
certified 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 suffi-
ciently prove such payment, delivery, sale, work done, services ren-
dered 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 and above all discounts, in a
specified amount, and shall attach to such oath an itemized state-
ment of such indebtedness 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 adminis-
ter an oath therein and certified as aforesaid, that he believes the
money, goods, merchandise, effects or chattels charged in the account
to which such oath shall be annexed were bona fide delivered as
charged or that the work or services charged in said account were
bona fide done or rendered as therein charged and that he hath not
to his knowledge or belief received any payment or satisfaction for
the articles, work, or services therein 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 that the amount charged
and claimed is justly due according to the best of his knowledge and
belief.

§ 55. Proof by oath of creditor.

Any account for money or goods lent or due and chargeable in ac-
count 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