308

LAWS OF MARYLAND.

Allegation of
copartnership.

or if there shall be filed with the declaration
in said cause any paper purporting to be signed
by any defendant therein, the fact of such
alleged copartnership or incorporation, and the
genuineness of such 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 allegation of copartnership or incorpora-
tion to be untrue, or that such signature was
not written by or by the authority of the per-
son whose signature it purports to be; in case
any part of the debt or damages claimed be
admitted to be due, the plaintiff shall be en-
titled forthwith to an entry of judgment there-
for, with costs, in full satisfaction and dis-
charge of the action; provided, the amount so
admitted to be due shall not be below the
jurisdiction of the Court, or the defendant may
pay such admitted part into Court, and there-

Proviso.

upon such proceedings shall be had as are pro-
vided 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 ex-
piration thereof the plaintiff's right to enter
judgment under this section.

171. The plaintiff shall not be entitled to
judgment under the preceding section, unless
at the time of bringing his action he shall
file with his declaration an affidavit or affirma-
tion — if the affiant is conscientiously scrupu-
lous as to taking an oath — stating the true
amount the defendant is indebted to him over

Affidavit to
cause of ac-
tion.

and above all discounts, and shall also file the
bond, bill of exchange, promissory note or
other writing or account by which the defen-
dant is so indebted; or if the action be founded
upon a verbal or implied contract, shall file a
statement of the particulars of the defen-
dant's indebtedness thereunder; if there are
two or more plaintiffs, the said affidavit or