1254 LAWS OF MARYLAND [CH. 523
CHAPTER 523.

AN ACT to add one new section to Article 35 of the Annotated
Code of Maryland (1924 Edition), title "Evidence", sub-title
"Proof of Accounts", said new section to follow immediately
after Section 52, to be known as Section 52A, to provide an
additional method of securing judgment upon affidavit in
actions brought before Justices of the Peace.

SECTION 1. Be it enacted 'by the General Assembly of Mary-
land, That a new section be and the same is hereby added to
Article 35 of the Annotated Code of Maryland (1924 Edition),
title "Evidence", sub-title "Proof of Accounts", said new sec-
tion to follow immediately after Section 52, to be known as
Section 52A, and to read as follows:

52A. In any action arising ex contractu, brought before
any Justice of the Peace of this State, if the plaintiff or his
agent shall have filed, at the time of bringing his action, an
itemized statement of his account and the original written
contract, if any, between the parties, and an affidavit setting
out distinctly Ms cause of action, and the sum he claims to be
due, exclusive of all set-offs and just grounds of defense and
the defendant shall have been served with a copy of said
statement, contract and affidavit, and of the summons, the
plaintiff shall be entitled to a judgment for the amount so
claimed, with interest and costs, unless the defendant shall
file, on or before six days next succeeding the return day of
the summons, or such additional time as shall be fixed by said
Justice of the Peace, an affidavit of defense, denying the right
of the plaintiff as to the whole or some specified part of his
claim, and specifically stating also, in precise and distinct
terms, the grounds of his defense, which must be such as
would, if true, be sufficient to defeat the plaintiff's claim in
whole or in part; provided, that the following notice shall be
given in the summons issued in such case: "The defendant is
hereby notified that judgment by default may be entered
against him unless he shall file an affidavit of defense with
the Justice of the Peace before whom this summons is return-
able within six days next succeeding the return day named
herein, or such additional time as may be fixed by said Jus-
tice of the Peace. " And where the defendant shall have
acknowledged in his affidavit of defense his liability for a part
of the plaintiff's claim as aforesaid, the plaintiff, if he so elect,
may have judgment entered in his favor for the amount so con-
fessed to be due. After taking such final judgment for the
amount so confessed, the plaintiff shall have the right to prose-
cute the remainder of his claim in that suit, and (if he sus-