1110 FREDERICK COUNTY. [ART. 11.

shall file his declaration, 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, prom-
issory note or other writing or account by 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
plaintiff, who will further make oath or affirmation that he has per-
sonal knowledge of the matter therein stated; 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 representative
he claims to be, if proofs of such death he 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.

1888, ch. 185.

72. 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.

Ibid.

73. On all judgments entered in said court under the pro-
visions 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 expira-
tion 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.