134

LAWS OP MARYLAND.

Damages.

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.

SEC. 16 K. On all judgments entered in said court under the

provisions of the preceding sections there shall be a stay of exe-

cution until the return day or the first day of the term, which-

ever shall first occur next succeeding the return day, or the term

at which said judgment shall have been entered, with the right

Stay.

to the defendant to supersede the same for six months from the

expiration of said stay as now allowed by law; provided, how-

ever, that the court may, on motion in writing by the plaintiff or

his attorney, showing sufficient reasons therefor, allow an execu-

tion or attachment or other proper writ to be issued at any time

after the entry of judgment as aforesaid and before the expira-

tion of said stay.

SEC. 16 L. Nothing in the preceding section shall prevent a de-

fendant from filing a demurrer to the plaintiff's declaration in-

Demurrer

stead of pleading thereto, but the filing of such demurrer shall

not prevent the plaintiff from obtaining judgment by default

against the defendant according to the provisions of the preced-

ing sections, unless the defendant, or some one in his behalf, shall

at the time of filing such demurrer also make oath or affirmation

to be filed in the case that such demurrer is not interposed for the

purpose of delay.

SEC. 16 W. The clerk of said court shall have full power and

authority to enter judgment by default under the rules of said

court according to the provisions of section sixteen G, in the ab-

By default

sence of the judge of said court residing in said county, but said

clerk shall not have authority to extend such judgment or assess

the damages which shall alone be done by the order and under the

direction of said court or any one of the judges thereof.

Approved March 21, 1890.