1610 ARTICLE 35

unless the debtor or defendant shall make it appear by lawful evidence that
such account is false in part or in whole.

Affidavit made in pursuance of art. 37, sec. 43, of the Code of 1860, held not to be
evidence, it not appearing that the additional affidavit which that section required
when a suit was brought, was made. Such defect was not cured by act, 1864, ch. 109—
see sec. 1. Ward v. Leitch, 30 Md. 334.

For cases dealing with act of 1729, ch. 20, see Warner v. Fowler, 8 Md. 25; Smoot
v. Bunbury, 1 H. & J. 136; Sanders v. Leigh, 2 H. & McH. 380.

See notes to sec. 63.

1937, ch. 523.

65. In any action arising ex contractu, brought before any Justice of
the Peace of this State, if the plaintiff or his agent shall have filed, at the
time of bringing his action, an itemized statement of his account and
the original written contract, if any, between the parties, and an affidavit
setting out distinctly his cause of action, and the sum he claims to be due,
exclusive of all set-offs and just grounds of defense and the defendant shall
have been served with a copy of said statement, contract and affidavit, and
of the summons, the plaintiff shall be entitled to a judgment for the amount
so claimed, with interest and costs, unless the defendant shall file, on or
before six days next succeeding the return day of the summons, or such
additional time as shall be fixed by said Justice of the Peace, an affidavit
of defense, denying the right of the plaintiff as to the whole or some speci-
fied part of his claim, and specifically stating also, in precise and distinct
terms, the grounds of his defense, which must be such as would, if true, be
sufficient to defeat the plaintiff's claim in whole or in part; provided, that
the following notice shall be given in the summons issued in such case:
"The defendant is hereby notified that judgment by default may be entered
against him unless he shall file an affidavit of defense with the Justice of
the Peace before whom this summons is returnable within six days next
succeeding the return day named herein, or such additional time as may be
fixed by said Justice of the Peace." And where the defendant shall have
acknowledged in his affidavit of defense his liability for a part of the plain-
tiff's claim as aforesaid, the plaintiff, if he so elect, may have judgment
entered in his favor for the amount so confessed to be due. After taking
such final judgment for the amount so confessed, the plaintiff shall have the
right to prosecute the remainder of his claim in that suit, and (if he sus-
tains his claim for such remainder or any part thereof) to have a further
final judgment therefor. The provisions of this Section shall not apply in
Baltimore City.

An. Code, 1924, sec. 53. 1912, sec. 50. 1904, sec. 50. 1888, sec. 45. 1888, ch. 392.

66. In cases where there are two or more plaintiffs any affidavits re-
quired under the preceding sections to be made by the party bringing suit
or by the creditor may be made by any one of the plaintiffs, or if all the
plaintiffs be absent from the State at the time of the bringing of the suit,
or if the plaintiff be a corporation, such affidavit may be made by any agent
of the plaintiff or plaintiffs, or any of them, who will make further oath that
he is such agent and that he has personal knowledge of the matters therein
stated; such affidavit, if made on behalf of any firm or copartnership, shall
be prima facie evidence of said partnership and of the persons composing
the same as therein set forth, or if made on behalf of any body corporate
by any person therein alleging himself to be a charter officer thereof shall
be prima facie evidence of the fact of its corporation as therein set forth.