PHILLIPS LEE GOLDSBOROUGH, ESQ., GOVERNOR. 1351

term at which said judgment may have been entered, with the
right to the defendant to supersede the same for six months
from the expiration of said stay as now allowed by law; pro-
vided, however, that the court may, on motion in writing by
the plaintiff or his attorney showing sufficient reasons therefor,
allow an execution or attachment, or other proper writ to be
issued at any time after the entry of judgment as aforesaid and
before the expiration of said stay.

Ibid.

101. Nothing in the preceding sections shall prevent a
defendant from filing a demurrer to the plaintiff's declaration
instead of pleading thereto, but the filing of such demurrer
shall not prevent the plaintiff from obtaining judgment by
default against the defendant, according to the provisions of
the preceding sections, unless the defendant, or someone in his
behalf, shall at the time of filing such demurrer also make
oath or affirmation, to be filed in the case, that such demurrer
is not interposed for the purpose of delay.

Ibid.

102. The clerk of said court shall have full power and
authority to enter judgment by default under the rules of said
court, according to the provisions of section 97 of this article,
in the absence of the judge, but shall not have authority to
extend such judgment or assess the damages, which shall alone
be done by the order or under the direction of said court, or one
of the judges thereof.

1904, ch. 71, sec. 13.

103. It shall be the duty of the judges of the Circuit Court
for Montgomery County at every term to inspect the records,
indexes and papers of the office attached to said court relating
to lands, tenements or other real estate, and examine the con-
dition thereof and see whether the clerk of said court has per-
formed the duties required of him by law, relating to the
recording of judgments, decrees, proceedings and executions,
and whether he has entered and transcribed the docket entries
as required by law, and if it should appear ou such examina-
tion that any of the records or indexes have become so dilapi-
dated and worn as to require them to be transcribed, they shall
order and direct the clerk to transcribe the same into new
record or index books, which the clerk shall procure for that
purpose: and such new records and indexes, when so tran-
scribed, shall be carefully examined and certified by said clerk,
and when so examined and certified shall be substituted for
and become the records and indexes of said court iu lieu of the