1350 LAWS OF MARYLAND. [Ch. 790]

upon such proceedings shall be had as are provided by law in
other cases of payment of money into court; provided, that the
court, for good cause shown, may by its order in writing, passed
at any time before judgment, extend the time for filing such
pleas and affidavit, which extension shall suspend until the expir-
ation thereof, the plaintiff's right to enter judgment under this
section; and provided further, that the court may, and it shall
be its duty to pass such rules as may be necessary to carry out
the purpose of this sub-title of this article.

1894, ch. 561, sec. 1.

98. The plaintiff shall not be entitled to judgment under
the preceding sections, unless at the time of bringing his action,
or before the day to which process is returnable he shall file
with his declaration an affidavit, or affirmation, if the affiant has
conscientious scruples as to taking an oath, stating the true
amount in which the defendant is indebted to him over and
above all discounts, and shall also file the bond, bill of exchange,
promissory note or other writing or account by which the
defendant is so indebted, or if the action be founded upon a
verbal or implied contract, shall file a statement of the particu-
lars of the defendant's indebtedness thereunder; if there are
two or more plaintiffs, the said affidavit or affirmation may be
made by any one of them, or the said affidavit or affirmation
may be made by any agent of the plaintiff or plaintiffs or any
of them, who will further make oath or affirmation that he has
personal knowledge of the matters therein stated, and the said
affidavit or affirmation may be made before any of the persons
who may take an affidavit or affirmation to authorize the issu-
ing of a foreign attachment, and may be certified in the same
manner; provided, that when an executor or administrator
brings an action, he shall be required to prove the death of the
party whose representative he claims to be, if proof of such
death be demanded in writing within the time required to
plead, but proof of the grant of letters testamentary or of
administration shall be prima facie evidence of such death.

1894, ch. 561, sec. 1.

09. On all judgments by default that shall be entered
under any of the preceding sections, the court may assess the
damages, on proof thereof, without empaneling a jury to do so.

Ibid.

100. On all judgments entered in said court under the pro-
visions of the preceding sections, there shall be a stay of execu-
tion until the return day or the first day of the term, which
ever shall first occur, next succeeding the return day of the