1634 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

several matters as he shall think necessary to sustain his
action; and the defendant in any action may plead, in answer
to the declaration or other subsequent pleading of the plaintiff,
as many several matters as he shall think necessary for his
defense; provided, that the pleading of the party be consistent
with his previous allegation and not a departure therefrom.

1888, art. 75, sec. 11. 1860, art. 75, sec. 11. 1785, ch. 80, sec. 3.

11. No plea of "non est factum" shall be received in any
action, unless the party for whom such plea be tendered verify
the same by affidavit, or unless the defendant being heir, exec-
utor or administrator of the person alleged to have made the
deed obtain leave from the court, upon showing just cause, to
put in such plea.

State v. Duvall, 83 Md. 124.

Ibid, sec 12. 1860, art. 75, sec. 12. 1785, ch. 46, sec. 7. 1876, ch. 398.

12. In any suit brought on any judgment or bond or other
writing sealed by the party, if the defendant shall have any
demand or claim against the plaintiff, upon judgment, bond or
other instrument under seal, or upon bill of exchange, check,
order for payment of money, promissory note, agreement,
assumpsit or account proved, he shall be at liberty to file such
demand or claim in bar, or plead the same in discount of the
plaintiffs claim, and judgment for the excess of the one claim
over the other, as each is proved, with costs of suit, shall be
given for the plaintiff or the defendant, according as such
excess is found in favor of the one or the other of these parties,
if such excess be sufficient to support a judgment in the court
where the cause is tried according to its established jurisdic-
tion, otherwise the finding of such excess to be due shall be
sufficient prima facie evidence of the fact of indebtedness for
such excess, as upon an award of arbitrators in a suit in a
court having jurisdiction to try and determine the same.

Dyer v. Dorsey, 1 Q & J. 440. Turner v. Plowden, 2 G & J. 455. Burch
v State, 4 G. & J. 444 McCreary v. McCreary, 5 G. & J. 147. Annan v.
Houck, 4 Gill, 331. Milburn v. Guyther, 8 Gill, 93. Simmons v. Tongue, 3
Bl. 341. Lane v. Fallen, 16 Md. 352. Scott v. Scott, 17 Md. 91. State v.
B. & O. R. R. Co., 34 Md. 374. C. & P. R. R. Co. v. Slack, 45 Md. 161.
Boor v Wilson, 48 Md. 315. Lee v. Rutledge, 51 Md. 313 Steele v. Sell-
man, 79 Md. 1. Harrison v. Morton, 83 Md. 458.

Ibid. sec. 13. 1860, art. 75, sec. 13. 1785, ch. 46, sec. 7. 1876, ch. 398.

13. In any suit upon simple contract the defendant may file
in bar, or plead in discount, any claim he may have against