858

LAWS OF MARYLAND.

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 upon a verbal or implied contract, shall file a state-
ment of the particulars of the defendant's indebtedness there-
under; if there are two or more plaintiffs, the said affidavit or
affirmation may bo made by any one of them, or 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 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 demanded in writing within the
time required to plead, but proof of the grant of letters testa-
mentary or of administration shall be prima facie evidence of
such death.

Judgments
by default

58 H. On all judgments by default that shall be entered
under any of the preceding sections, the court may assess the
damages, on proof thereof, without empaneling a jury to do so.

Stay of exe-
cution.

58 I. On all judgments entered in said court under the pro-
visions of the preceding sections, there shall be a stay of
execution until the return day or the first day of the term,
whichever shall first occur, next succeeding the return day of
the term at which said judgment may have been entered, with
the right to the defendant to supersede the same for six months
from the expiration of said stay as now allowed by law; pro-
vided, however, that the court may, on motion in writing by
the plaintiff or his attorney showing sufficient reasons therefor,
allow an execution or attachment, or other proper writ to be
issued at any time after the entry of judgment as aforesaid and
before the expiration of said stay.

Demurrer to
declaration

58 J. Nothing in the preceding sections shall prevent a
defendant from filing a demurrer to the plaintiff's declaration
instead of pleading thereto, but the filing of such demurrer
shall not prevent the plaintiff from obtaining judgment by
default against the defendant, according to the provisions of
the preceding sections, unless the defendant, or someone in his
behalf, shall at the time of tiling such demurrer also make