HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.ssl/ssnc0277 and id is 1 raw text is: 1S6. 117
a Genera .ASSEMBLY,. begun and held at Newbern, on the Twelfth AnTmmo -
Day of December, in the Year of Our Lord One Thousand Seven Huni- venor.
drid and Fifty-four, and from thenc.e continued, by several Prorogations,
to the 'hirtieth Day of September, in the Year of Our Lord, One Thou-
sand Seven Hundred and iftysic,; Reing the Thid Session of this As-
semblg.
An a1 for g.-anting o hi Majfly an aid of three thoufand four hyndredpoynds, to defray the expence of ereding CHAP. .
afort, raAng and paying two companies, for~the defence of the Wellern frontier of this proviwe. (a)
aq for the better regulation ofthe miltia ; and other purpofie. EXP. CHAP. 2.
4na to an epd an a&fr 99ablybing thefipreme courtr ofjulice, over and terminer, and general gaol delivery of CH AP. 3.
North--Garolina. Not now ia
force.
An a for afcertaining the nethod of proving book-debts. CHAP. 4.
W HElEEAS dlobts hove arifen upon conitruaion of the law now in force, prefcribing the manner
of proving book-debts,: For prevention whereof for the future,
I. Be it enac7ed by the Goverr, Council and 4fmiibly, and by the authority of the fame, That in any a&ion In a ca
pf debt, or upon the cafe, which hath been, or fhall be brought, where the plaintiff hath declared, or thall av)dence; &
declare, upon an Emiffit, Indebitatus Affyimpfit, Quantum Valebant, or Quantum Meruit, for goods, wares manner orpra-
pund merchandizes by him fold and delivered, or for work done and performed, thall file his account witl ccedig to he
his declaration .., and upoh the trial of the iffue, or executing a writ of enquiry of damages in fuch afion, entitled to it.
(hall declare upon his corporal oath, or folenn iffirmation, (as the cafe may be) that the matter in difpute is
a book.acco.unt, and that he hath no means to prove the delivery of fuch articles as he (hall then propofe
.to prove by his own qath, or any of them, but by his bdok ; and in that cafe, fuch book thall and may be
given in evidence, if he (hall make out by his own oath or affirmation, that fuch book doth contain a true 9, 177, 1,Z
account of all the dealings, or the ]aft fettlement of accounts between them, and that all the articles therein 5 * 98,
contained, and by him fo proved, were bona fide delivered ; arld that he hath given the defendant all juft , 4
credits; and fuch book and oath or allirmation, (hall be admitted and received as good evidence in any
court of law, for the feverhi articles fo proved to be delivered within two yea-s before the faid aaion brought
but not for kny article of a longer fianding : And where the perfon who delivered fuch goods, wares or
ierciandizes, or performed fch work and labour, fhall die, his executors or adminifarators may give his
book in evidenice, upon his or their making oath or affirmation, that they verily believe the account as there
charged is juft and true, and that .tlere are nowitneffes to his or their knowledge, capable of proving the
delivery of 'the feveral articles as he (hall propofo to prove by the faid book, and oath or affirmat *, and
that he found the book foflated, and doth not knov of any other or further credit to be given than what
is theye inentioned; and fuch book, and oath or afflr mation, (hall be admitted and received as evidence for
any articles delivered within the time aforeaiid.
IL. But whereas it may be inconvenient and hazardous, by reafon of had weather and accidents, to car- Copv of an ac-
ry books of accolnto great diffiances to court, when a copy of the account, proved in the fame manner as Cev1.
by ihis lay the book in to be proved, may fatisfy the defendant as fully; Be it therefore enatFd by the authority '
aforfaid, That a copy from the book of accounts, proved in manner herein before dircded, lldl and may
be given evidence in any fuch adion as aforefaid ; and fhill be as availnble as if fuch book had ben pro-
(a) This is a missing ul. Davis observes in the utargin: bZis act i'its eji
Vol.. L -1 h](ViewImageLocal?handle=hein.ssl/ssnc0277&div=1&collection=&method=preview&ext=.png&size=3)