HOWARD COUNTY. 3039

the jurisdiction of the court; or the defendant may pay such admitted
part into the court, and thereupon 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
affidavits, which extension shall suspend, until the expiration thereof, the
plaintiff's right to enter judgment under this section; and provided fur-
ther, that the court may, and it shall be its duty, to pass such rules as may
be necessary to carry out the purposes of Section 36 to 47 of this sub-
title of this article.

1908, ch. 682, sec. 37G (p. 860).

43. The plaintiff shall not be entitled to judgment under the preced-
ing sections unless at the time of bringing his action he shall file his decla-
ration, with an affidavit or affirmation, if the affiant is conscientiously
scrupulous as to taking an oath, stating the true amount the defendant is
indebted to him, over and above all discounts, and shall also file the bond,
bill of exchange, promissory note or other writings or account by which
the defendant is so indebted; or if the action be formed upon a verbal or
implied contract, shall file a statement of the particulars of the defend-
ant'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 such suit, or
if the plaintiff be a corporation, the said affidavit or affirmation may be
made by an agent of the plaintiff or plaintiffs, who will further make
oath or affirmation that he has personal knowledge of the matters con-
tained therein; and the said affidavit or affirmation may be made before
any of the persons who may take an affidavit or affirmation to authorize
the issuing 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 repre-
sentative 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 testa-
mentary or of administration shall be prima facie evidence of such death.

1908, ch. 682, sec. 37H (p. 860).

44. 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.

1908, ch. 682, sec. 37-I (p. 860).

45. 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 succeed-
ing the return day or the term at which said judgments shall have been
entered, with the right to the defendant to supersede the same for six