686

LAWS OF MARYLAND.

to be. In case any part of the debt or damages claimed be
admitted to be due, the plaintiff shall be entitled to an entry
of judgment therefor, with costs, at the second term, as afore-
said, in full satisfaction and discharge of the action; provided,
the amount so admitted shall not be below the jurisdiction of
the court; or the defendant may pay such admitted part into
court, and thereupon 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 affidavit, which exten-
sion shall suspend, until the expiration thereof, the plaintiff's
right to enter judgment under this section.

49 B. The plaintiff shall not be entitled to judgment under

Affidavit to
be filed with
declaration.

the preceding section, unless at the time of bringing this
action he shall file with his declaration an affidavit, or affirma-
tion, if the affiant is conscientiously scrupulous 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 defendant is so indebted; or if the action be founded on a
verbal or implied contract, shall tile a statement of the particu-
lars of the defendant's indebtedness thereunder. If there are
two or more plaintiffs, the said affirmation may be made by one
of them, or if the plaintiff be a corporation, the said affidavit or
affirmation may be made by any agent of plaintiff or plaintiffs, or
any of them who will make further 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 issu-
ing of a foreign attachment, and may be certified in the same
manner.

49 C. If the defendant plead non assumpsit to an action on

Where non-
assumpsit
is pleaded.

a bill of exchange, promissory note or other writing, where
said note or bill, or other writing, or a copy thereof, is filed
with the nar, he shall note at the. foot of his plea, or enter on
the docket, whether he admits or denies the making of such
bill, note or other writing, or his endorsement thereon if sued
as endorser.

49 D. No objection to the ratification of any sale made by

Objections to
ratification
of sale.

any sheriff, trustee, mortgagee or attorney named in any mort-
gage, shall be heard and considered, unless the objectant shall
annex thereto an affidavit or affirmation that every objection