1136 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.

made) in which, if judgment were obtained, he would be entitled
to relief against such judgment on equitable grounds, to plead the
facts which entitle him to such relief, by way of defence, and the
court in which said action is pending is hereby empowered to
receive such defence by way of plea; provided, that such plea
shall begin with the words: " For defence on equitable grounds,"
or words to that effect.

1888, ch. 547.

84. The plaintiff or the defendant in replevin may demur to-
such plea for want of equity, or reply thereto facts which avoid
such plea upon equitable grounds; provided, that such replica-
tion shall begin with the words: " For replication on equitable-
grounds," or words to the like effect.

Ibid.

85. In case it shall appear to the court that any such equitable
plea or equitable replication cannot be dealt with by a court of
law, so as to do justice between the parties, it shall be lawful for
such court to order the same to be struck out, on such terms as
to costs and otherwise as to such court may seem reasonable; all
replevin bonds and retorno habendo bonds may be given by the
plaintiff or defendant, as the case may be, or, on their behalf, the
clerk shall have power to swear all parties executing such bonds,
whether as principals or securities, as to their pecuniary suffi-
ciency, and may also interrogate under oath the plaintiff in any
replevin touching the value of the goods and chattels proposed
to be replevied, in order to determine the proper penalty to be
named in the replevin bond.

Extending Judgments.

P. G. L., (1860,) art. 75, sec. 62. 1794, ch 46. 1864, ch. 175.

86. In all cases in any action on any promissory note, bill,
bond or open account, in which an interlocutory judgment or
judgment by default has been or shall hereafter be entered in
any of the courts of this State, whereby the right of the plaintiff
is established, but the damages sustained by him are not ascer-
tained, the judge of the court where such judgment is, on
motion of the plaintiff, or of his attorney, and the production to
him of the promissory note, bill of exchange, bond, record or