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This entry was published on 2014-09-22
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SECTION 62
When non-resident creditor to annex accounts and securities
Debtor & Creditor (DCD) CHAPTER 12, ARTICLE 3
§ 62. When non-resident creditor to annex accounts and securities. A
consenting creditor, residing without the state, and within the United
States, must annex to his consent the original accounts, or sworn copies
thereof, and the original specialties or other written securities, if
any, upon which his demand arose or depends. Provided, however, that
when such original specialties, or other written securities, are lost,
such fact must be stated as a reason for not annexing thereto the
consent, and the fact of the loss, and the manner of the loss thereof
must be stated in the affidavit of the creditor to the best of his
knowledge, or must be otherwise proved by affidavit to the satisfaction
of the court; and the court may thereupon, in such case or proceeding,
by its order, dispense with the annexing to such consent of the original
specialties or other written securities.