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defendant is true; and shall further state the amount of plain-
tiff's demand, if anything admitted to be due or owing, and
the amount disputed ; and further, that the affiant really
believes the defendant will be able, at the trial of the cause, to
produce sufficient evidence to support the plea as to the por-
tion disputed, and that he is advised by counsel to file the said
plea; and such plea shall be accompanied by a certificate of
counsel that he is so advised that the party making such oath
or affirmation, and if the copartnership or incorporation of
any of the parties to the suit shall be alleged in the declara-
tion and the affidavit to be filed therewith, as hereinafter pro-
vided ; 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 alleged copartnership, incorporation and
the genuineness of such signature shall be deemed to be
admitted for the purpose 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 incorporation to be
untrue, or that the signature was not written by or by the
authority of the person whose signature it purports to be.
In case any part of the debt or damages claimed to be
admitted to be due, the plaintiff shall be entitled forth-
with to an entry of judgment therefor with costs, in full
satisfaction and discharge of 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 then upon such proceedings shall be had as are
provided 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 plea and affidavits, which
extension shall suspend until the expiration thereof the plain-
tiff's rights to enter judgment under this section.
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C H AP. 409.
Entitled
to judgment.
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Section 24 C. The plaintiff shall not be entitled to judg-
ment under the preceding sections unless at the time of
bringing his action he shall file with his declaration an affidavit
or affirmation, if the affiant is conscientiously scrupulous as to
taking an oath, stating the time, 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 writ-
ing or accounts, or a copy thereof, by which the defendant 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 then under ; if there are two or more
plaintiffs, the said affidavit or affirmation may be made by any
one of them, or if all the plaintiffs be absent from the State at
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Affidavit to
be filed with
declaration.
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