ART. 52] PROCESS AND PRACTICE. 707

of such partnership, incorporation or representative character as the
case may be, or that such signature was written by or by the authority
of the person whose signature it purports to be, shall be denied in writ-
ing under oath by the opposite party before any hearing of such case
or proceeding shall be had; provided, however, that in case of a cor-
poration, the affidavit to such denial may be made by the president,
vice-president, secretary or treasurer thereof, and in case of a partner-
ship by any one of the partners. And whenever such denial under
oath is so made, the justice of the peace before whom the case or pro-
ceeding is pending shall, at the request of the party against whom such
denial is made, postpone or continue the same to such reasonable -time
as will enable such party to procure the desired proof.*

See notes to this section (as it stood in 1911) in volume 1 of the Anno-
tated Code.

Judgments.

1904, art. 52, sec. 35. 1888, art. 52, sec. 33. 1860, art. 51, sec. 29. 1843, ch. 362,
sec. 3. 1910, ch. 261 (p. 104). 1912, ch. 852.

37. Any justice of the peace of this State may enter a judgment
by confession for the plaintiff or plaintiffs for any amount within his
jurisdiction, as is now or may hereafter be prescribed by law, either

upon the voluntary appearance and consent of the defendant or defend-
ants, if more than one, before such justice of the peace, or upon the
written authority signed by the defendant or defendants and attested
by at least one witness, authorizing the entry of a judgment by con-
fession, and such authority may be contained either in the note or other

cause of action, or in a separate writing, provided that no judgment
as aforesaid shall be entered unless the plaintiff, his, her or its duly
authorized attorney or agent shall first make affidavit as to the correct
amount due thereon; provided, that nothing in this section shall in any
manner effect any note or agreement for judgment dated or entered
into prior to July 1, 1912.

40.

This section referred to in construing article 93, section 115—see notes
thereto. Newcomer v. Beehler, 116 Md. 651.

Attachments.
43.

See article 9, section 32.

Ibid. sec. 43. 1888. art. 52, sec. 41. 1860, art. 51, sec. 41. 1849, ch 289

sec. 1. 1914, ch. 337.

45. There shall be issued with every attachment a writ of summons
against the defendant and at the time of issuing the attachment, notice
thereof shall be given by setting up at three or more public places in
the election district or ward in which such attachment may issue, at
least ten days before the return day thereof, an affidavit of the truth

*The act of 1912, chapter 383, went into effect June 1, 1912.