436

LAWS OF MARYLAND.

shall be had as are provided by law in other
cases of payment of money into Court; pro-
vided, that the Court for good cause shown

Proviso.

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 purpose
of this act.

SEC. 54 H. The plaintiff shall not be entitled
to judgment under the preceding sections, un-
less at the time of bringing his action he shall

Affidavit.

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
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 defendant's
indebtedness thereunder; if there are two or

Cause of ac-
tion tote tiled.

more plaintiffs the said affidavit or affirma-
tion may be made by any one of them, or if
all the plaintiffs be absent from the State at
the time of the bringing of said suit, or if the
plaintiff be a corporation, the said affidavit or
affirmation may be made by any agent of the
plaintiff or plaintiffs, or any of them, who will
further make oath or affirmation that he has
personal knowledge of the matters 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

Proof of death.

be certified in the same manner; provided,
that when an executor or administrator brings
an action he shall be required to prove the
death of the party whose representative he
claims to be, if proof of such death be de-
manded in writing, within the time required
to plead.