68 LAWS OF MARYLAND. [CH. 53
County", sub-title "Circuit Court", Section 197 of Article 17
of said Code, title "Prince George's County", sub-title "Cir-
cuit Court", and Section 42 of Article 19 of said Code, title
"St. Mary's County", sub-title "Circuit Court", to provide
for the filing of demurrers in cases under the Speedy Judg-
ment Act,
SECTION 1. Be it enacted 'by the General Assembly of Mary
land, That Section 69 of Article 5 of the Code of Public Local
Laws of Maryland (1930 Edition), title "Calvert County",
sub-title "Circuit Court", Section 39 of Article 9 of said Code,
title "Charles County", sub-title "Circuit Court", Section 197
of Article 17 of said Code, title "Prince George's County", sub
title "Circuit Court", and Section 42 of Article 19 of said
Code, title "St. Mary's County", sub-title "Circuit Court", be
and they are hereby repealed and re-enacted, with amend-
ments, to read as follows:
In any action hereafter brought in any Circuit Court in the
Seventh Judicial Circuit of Maryland arising ex contractu, if
the plaintiff or his agent shall file at the time of bringing his
action an affidavit setting out distinctly his cause of action
and the sum he claims to be due, exclusive of all set-offs and
just grounds of defense, and shall serve the defendant with
copies of his declaration and of said affidavit, he shall be
entitled to a judgment for the amount so claimed, with inter-
est and costs, forty days after such service unless the defend-
ant shall file a plea which if in bar is accompanied by an affida-
vit of defense denying the right of plaintiff as to the whole or
some specified part of his claim specially stating also, in pre-
cise and distinct terms, the ground of his defense, which must
be such, as would, if true, be sufficient to defeat the plaintiff's
claim in whole or in part; 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 confessed to be due, such judgment to be a bar to any fur-
ther amount not so confessed. Any judge of the Circuit Court
is hereby authorized, either in vacation or term time to enter
judgment under this section where no affidavit of defense is
filed and to hear motion for judgment and to enter judgment
thereon where insufficient affidavits are filed; provided, how-
ever, that should any defendant file a demurrer to any decla-
ration filed under this Act, said demurrer must be in accord-
ance with Section 9 of Article 75 of the Code of Public General
Laws of Maryland and within twenty days after service of
process under this Act, and the affidavit of defense required
hereunder need not be filed until after the hearing on de-
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