
    Benjamin Faxon versus Thomas Hollis.
    A tradesman’s book of accounts, verified by his own oath, was received in evidence, although kept in the leger form, and although it appeared, from his own showing, that he first made the charges upon a slate, and, after transferring them to his book, rubbed them oif from the slate, f
    [ t As to the admissibility of the party’s own books, and his own entries, see Green-on Evidence, pp. 137-143, and notes. — Ed.]
    Assumpsit for work and labor. Trial upon the general issue, at the last February term in this county, before Putnam, J.
    The plaintiff was a blacksmith, and he offered an account-book in evidence, as his original entry, to prove his account. From inspection, it appeared to be in the leger form ; and the plaintiff stated that he kept a slate in his shop, on which he set down all his charges as they accrued, and that he was in - the habit of transcribing the entries from the slate into the book which he then offered in evidence ; and, after that was done, to rub out the charges on the slate and begin anew. In respect to the charges in this action against the defendant, the plaintiff proceeded in *bis usual manner ; and he testified, that the charges were all made upon the slate at the respective dates, and were truly transcribed into the said book, and afterwards rubbed off from the slate.
    
      The defendant objected to the admission of this book as an original entry, on the ground, that it appeared, from the plaintiff’s own showing, that the first entries were made on a slate and rubbed out; but the book was admitted.
    The plaintiff produced witnesses, to prove the price of the labor, &c., contained in his account.
    The jury returned their verdict for the plaintiff; which was to be set aside, and a new trial granted, if the book ought to have beer rejected ; otherwise, judgment was to be rendered on the verdict.
    Whiting, for the plaintiff.
    Williams, for the defendant.
   Parker, C. J.,

delivered the opinion of the Court. The evidence admitted in the trial of this cause, to prove the charges in the account, is such as, according to the usage of the country from its early periods, has been sanctioned by the Courts. Indeed, although of a dangerous nature, it is necessary for the security of tradesmen and small dealers, who are generally unable to support clerks, on whose testimony they might establish their claims. Those who deal with such people should make frequent settlements and take discharges, or they may be exposed to imposition.

It is no objection to the book received in evidence in this case, that it was kept in the leger form ; for such is the way in which ordinary mechanics, especially in the country, make their charges ; having a separate page for each of their customers. Such a form, however, used by a shopkeeper, who is in the habit of making many entries in the course of a day, would be liable to more suspicion.

The entries in this book may be considered original, although transcribed from a slate; the slate containing* merely memoranda, and not being intended to be permanent.

We think, upon the whole, that this book was proper for the in spection of the jury ; and, as they have been satisfied with it as evidence of the plaintiff’s demand, there is no cause to set aside their verdict.

Judgment on the verdict.  