CARROLL COUNTY. 1727

which the defendant is so indebted; or if the action be founded upon a
verbal or implied contract shall file a statement of the particulars 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 if
all the plaintiffs be absent from the State at the time of bringing of said
suit, or if the plaintiff be a corporation, the said affidavit or affirmation
may be made by an agent of the plaintiff or plaintiffs, or any of them,
who will further make oath or affirmation that he has personal knowledge
of the matter therein stated; and the said affidavit or affirmation may
be made before any of the presons who may take an affidavit or affirma-
tion to authorize the issuing of a foreign attachment, and may be certi-
fied 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 proofs 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.

1890, ch. 136, sec. 16-I.

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

1890, ch. 136, sec. 16K.

26. On all judgments entered in said court under the provisions of
the preceding sections there shall be a stay of execution until the return
day or the first day of the term, whichever shall first occur next succeeding
the return day, or the term at which said judgment shall 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; provided, 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.

1890, ch. 136, sec. 16L.

27. Nothing in the preceding section 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 obtain-
ing judgment by default against the defendant according to the provisions
of the preceding sections, unless the defendant, or some one 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.

Girard Ins. Co. v. Bankard, 107 Md. 538.