ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

133

signature shall be deemed to be admitted for the purposes of said

cause, unless the said affidavit shall further state that the affiant

knows, or has good reason to believe such allegations of co-

partnership or incorporation to be untrue, or that such signature

was not written by or by the authority of the person whose signa-

ture it purports to be; in case any part of the debt or damages-

claimed be admitted to be due, the plaintiff shall be entitled to

any entry of judgment therefor as aforesaid with costs, in full

discharge to the action; provided, the amount so admitted to ho

due shall not be below the jurisdiction of the court, or the de-

fendant may pay such admitted part into the court, and there-

upon such proceedings shall be had as are provided by law in

other cases of payment of money into court; provided, that the

court, for good cause shown, may, by its order in writing, passed

at any time before judgment, extend the time for filing such pleas

and affidavits, which extension shall suspend until the expiration

thereof the plaintiff's right to enter judgment under this section;

and, provided, further, that the court may, and it shall be its

duty to pass such rules as may be necessary to carry out the

purposes of this act.

SEC. 16 H. The plaintiff shall not be entitled to judgment under
the preceding sections, unless at the time of bringing his action

he 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

Affidavit

and above all discount, and shall also file the bond, bill of ex-

change, promissory 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 particu-

lars 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 plaintiffs, or any of them, who will

further make oath or affirmation that he has personal 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 re-

quired to prove the death of the party whose representative he

claims to be, if proofs of such death be 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.

SEC. 16 I. On all judgments by default that shall be entered