ART. 75] FORMS OF PLEADINGS IN ABATEMENT. 1649

80. And the plaintiff, as to the —— and —— pleas, further
says, that he sues not for the trespasses in the —— pleas (the
pleas not replied to) admitted, but for the trespasses in the ——
pleas (the pleas replied to) admitted, and also for, etc.

Pleas in Abatement.

81. That the plaintiff, at the time of issuing the summons
in this case, was and still is the wife of one R. B.

82. That the plaintiff is within twenty-one years of age;
and has declared by attorney, when he should have declared
by next friend or guardian.

83. That the said contract in the declaration mentioned was
made by the defendant jointly with one W. P., who is still
living, and is residing in the county (or the city) aforesaid;
and was not made by the defendant alone.

[This form shall be sufficient, whether the contract be by
parol or by deed.]

Smith v. Crlchton, 33 Md. 103.

Forms of affidavit to Pleas in Abatement.

84. ———— county.

M. R. (the defendant in the cause), makes oath and says,
that the plea, hereunto annexed, is true in substance and in
fact.*

Sworn before.

Hoffman v. Prout, 4 H. & McH. 165. Deheaulme v. Boiseneuf, 4 H. & McH.
413. Shriver v. Wilson, 5 H. & J. 130. Osgood v. Spencer, 2 H. & G. 133.
Graham v. Fahnestock, 5 Gill, 215. Hamilton v. State, 32 Md. 352. Git-
tings v. State, 33 Md. 463.

Form of Declaration when the summons is returned as to some
of the Defendants non est.

85. R. G., by S. T., his attorney (or in person), sues J. T.
and M. B. (but M. B. has been returned non est by the sheriff),
for (here state the cause of action), and the plaintiff claims
from J. T. (the person summoned), $———.

The affidavit should also contain the averment in the form prescribed by any special
law. Such. e.g as that the affiant verily believes that the defendant will be able to
produce sufficient evidence to support the same, and that he Is advised by counsel to flie
said plea under oath."