616

LAWS OF MARYLAND.

Facilitating

for Prince George's County arising ex contractu if the plain-

the obtaining
of judgments

tiff, or his agent, shall file at the time of bringing his action

an affidavit setting out distinctly his cause of action and the

sum he claims to be due, exclusive of all set-offs of just

grounds of defense, and shall serve the defendant with copies

of his declaration and of said affidavit, he shall be entitled

to a judgment for the amount so claimed, with interest and

costs, at the succeeding term of court to the one at which the

suit may be brought, unless the defendant shall file along with

his plea, if in bar, an affidavit of defense denying the right of

the plaintiff as to the whole or some specified part of his claim,

The ground

specifically stating also, in precise and distinct terms, the

of defense.

grounds of his defense, which must be such as would, if true,

be sufficient to defeat the plaintiff's claim in whole or in part ;

and where the defendant shall have acknowledged in his affi-

davit of defense a liability for a part of the plaintiff's claim

as aforesaid, the plaintiff, if he so elect, may have judgment

entered in his favor for the amount so confessed to be due.

SEC. 2. And be it enacted, That the provisions of this rule

Representa-

shall not apply to defendants who are representatives of a de-

tives of dece-
dent's estate.

cedent's estate, except when the affidavit filed with the dec-

laration sets forth that the contract sued on was directly with

such representative, or that a promise to pay was made by

him.

SEC. 3. And be it enacted, That when the defendant is a

corporation, the affidavit of defense may be made by an officer,

agent or attorney of such corporation.

Approved April 7, 1904.

CHAPTER 346.

AN ACT to repeal and re-enact with amendments Sections

1, 3, 4, 5, 6 and 7, of Chapter 293, of the Acts of the

General Assembly of Maryland of 1896, and to add an

additional section, to be known as Section 14, and to fol-

low immediately after Section 13 of said Act, so as to read

as follows :

SECTION 1. Be it enacted by the General Assembly of Mary-

land, That Sections 1, 3, 4, 5, 6 and 7, of Chapter 293, of the

Acts of the General Assembly of Maryland of 1896, be and

Sections of

the same are hereby repealed and re-enacted, and an addi-

Act repealed

tional section, to be known as Section 14, and to follow im-

and re-en-
acted.

mediately after Section 13 of said Act, so as to read as follows: