Page:United States Statutes at Large Volume 31.djvu/1295

 Y FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. · 1901. .1243 SUBCHAPTER Six. DEBTS. Deba- Sec. 330. Dams ro nn raovnn.—-No executor or administrator RMS f¤¤>r¤vi¤g- shall discharge any claim against his decedent (otherwise than at his own risk) unless the same be first passed by the probate court, or unless the said claim shall be proved according to the following rules: Sec. 331. Vouonmns.-·—The voucher or proof of a judgment ordecree Vxgjlgjlgrc if ridgshall be a short copy thereof under seal,—attested by the clerk of the me 6 r e' court where it was obtained, who shall certify that the said judgment or decree hath not been satisfied. There shall likewise be a certificate of some person authorized to administeran oath, indorsed on or annexed. to a statement of the debt due on such judgment or decree, that the creditor or his agent since the death of the deceased hath taken before him the following oath, to wit: "That the creditor hath not received, any part of the sum for which the judgment or decree was passed except such part (if any) as is credited;" and if the creditor on the judgment or decree be an assignee of the person who obtained it, the oath shall go on and say further, "and that to the best of his knowledge or belief no other person hath received any parcel of the said sum except such part (if any) as is credited," and an assignee shall also produce the assignment under the hand of the assignor; and if there be more than one assignment, each assignment shall be produced under the hand of the party assigning. Sec. 332. In case of a specialty, bond, note, check, or protested bil] uolggugger of b<>¤d· of exchange, the vouchers shall be the instrument of writing itself, or ’ ` a proved copy in case it be lost, with a certificate of the oath made as aforesaid since the death and indorsed on or annexed to the instrument, or a statement of the claim " that no part of the money intended to be secured by such instrument hath been received or any security or satisfaction given for the same except what (if any) is credited." Sec. 333. lf the creditor in such instrument be an assignee, there -—wh¢r¢ credits; ¤¤ shall be the same oath of the 'creditor or agent, according to the best asslgmm of his knowledge and belief, with respect to any payments prior to the time of the assignment. Sec. 334. In case of a bill of exchange or other commercial paper, Gxlgggfggr gg bm °* the protest or other things which would be required (if the deceased l ` were alive) shall be necessary to justify an executor or administrator in making payment or distribution. _ Sec. 335. If the claim be for rent, there shall be produced the lease ‘°"“m f°’ mtitself, or the deposition of some credible witness or witnesses, or an . acknowledgment in writing of the deceased, establishing the contract and the time which hath elapsed during which rent was chargeable, and a statement of the sum due for such rent, with an oath of the creditor or agent indorsed thereon "that no part of the sum due for said rent or any security or satisfaction for the same hath been received except what (if any) is credited." The proof of a claim for rent in arrear, so as to render the same a —p'°°‘ °f· preferred claim, shall be the proofs and vouchers for rent aforesaid, and proof that the claim is such that an attachment therefor might be levied on said deceased’s goods and chattels in the hands of the administrator, but the preference given for rent is not to impair the landlord’s right of attachment if he thinks proper to exercise it. . Sec. 336. The vouchers or proofs of any claim on open account shall @‘Q3§$}§f’” or °p€° be a certificate of an oath taken by the creditor or agent since.the death, indorsed on or annexed to the account, that the account as stated is just and true, and that he, the creditor, or any one for him, hath not received any part of the money stated to be due or any security or satisfaction for the same except what (if any) is credited.