Page:United States Statutes at Large Volume 79.djvu/761

 79 STAT. ]

PUBLIC LAW 89-183-SEPT. 14, 1965

of the money intended to be secured by the instrument has been received or any security or satisfaction given for it except what (if any) is credited.". § 20-1304. Proof by assignee Where the creditor in an instrument specified by section 20-1303 is an assignee, the creditor or agent shall take and subscribe the same oath, according to the best of his knowledge and belief, with respect to any payments prior to the time of the assignment. § 20-1305. Proof of commercial papers Where the claim consists of a bill of exchange or other commercial paper, the protest or whatever would be required, if the deceased were alive, is necessary to justify an executor or administrator in making payment or distribution. § 20-1306. Claims for rent Where the claim is for rent, there shall be produced the lease itself, or the deposition of a credible witness, or an acknowledgment in writing of the deceased, establishing the contract and the time which has elapsed during which rent was chargeable, and a statement of the sum due for the rent, with an oath of the creditor or agent indorsed thereon "that no part of the sum due for the rent or any security or satisfaction for the same has been received except what (if any) is credited.". The proof of a claim for rent in arrears, in order to render the claim a preferred claim, shall be the proofs and vouchers for rent specified by this section, and proof that the claim is such that an attachment therefor might be levied on the deceased's goods and chattels in the hands of the administrator. The preference given for rent does not impair the landlord's right of attachment where he believes it proper to exercise the right. § 20-1307. Open account The vouchers or proofs of a claim on open account shall be a certificate of an oath taken by the creditor or agent since the death of the decedent, 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, has not received any part of the money stated to be due or any security or satisfaction for it except what (if any) is credited. § 20-1308. Claims outside of District When an affidavit or deposition to prove claims has been taken out of the District of Columbia, it is valid if taken and certified by a notary public as provided by this chapter, or by a person there authorized to administer oaths, and certified to be such under the seal of the clerk of a court of record, or by an officer having official cognizance of the fact, and the oath shall be as available as if taken before an officer authorized to administer oaths within the District of Columbia. The additional certificate specified by this section is not required as to notaries public within the United States or a place under the jurisdiction thereof when the seal of the notary is attached. § 20-1309. Executor's or administrator's claim to be under oath Where a creditor is an executor or an administrator his claim may not be received, although vouched and approved as provided by this chapter, unless he makes oath, to be certified as provided by this chapter, "that it does not appear from any book or writing of his decedent that any part of the claim has been discharged except what (if any) is credited, and that to the best of the deponent's knowledge and belief no part of the claim has been discharged and jio security or satisfaction given for it except what (if any) is credited.".

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