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30 ACCOUNT.
If the creditor be dead, then the same steps,
as above directed, are to be taken by the executors
or administrators of such deceased creditor,
who, instead of the creditor's deposition,
shall set forth and declare, upon their oath,
" Whether or no they have not heard the creditor in
" his life time, acknowledge that debt, or any
" and what part thereof, to be satisfied; or
whether
" or not (upon sight of the creditor's book,
" writing of accounts) they have not seen credit
" given to the debtor since the day of the making
" the said bills, bonds or beginnings of the
accounts
" so sued for."
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All which must likewise be certified under
the and and seal of such notary publick, or
other proper officer, or such other matters or
things so certified, shall not be received in
evidence.
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Statute of 5
Geo. 2d. c. 7,
for recovery
of debts in
the plantations. |
Since the making of which act, the statute
of 5 Geo. 2d. ch. 7 was enacted, ordaining,
" that from and after the twenty-ninth day of
" September which shall be in the year of our
" Lord one thousand seven hundred and thirty-two,
" in an action or suit then depending, or
" hereafter to be brought in any court of law
" or equity in any of the said plantations, for
" or relating to any debt or account wherein |
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