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FRANK BROWN, ESQUIRE, GOVERNOR,
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 the 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 pleas and affidavits,
which extension shall suspend, until the expiration thereof, the
plaintiff's right to enter judgment under this section; and pro-
vided further, that the court may, and it shall be its duty, to
pass such rules as may be necessary to carry out the purposes
of section 18 A to 18 L of this sub-title of this article.
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995
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18 G. The plaintiff shall not be entitled to judgment under
the preceding sections, unless at the time of bringing his
action, he shall file his declaration, with 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 tile the bond, bill
of exchange, promissory note or other writings or account by
which the defendant is so indebted; or if the action be formed
upon a verbal or implied contract, shall file a statement of the
particulars of the defendant's indebtedness thereunder; 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 the time of bringing such suit, or if
the plaintiff be a corporation, the said affidavit or affirmation
may be made by an agent of the plaintiff or plaintiffs, who
will further make oath or affirmation that he has personal
knowledge of the matters contained therein; and the said affi-
davit 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 adminis-
trator brings an action, he shall be required to prove the death
of the party whose representative he claims to be, if proofs of
such death be demanded in writing, within the time required
to plead; but proof of the grant of letters testamentary or of
administration shall be prima facie evidence of such death.
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Affidavit to
be filed with
declaration.
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18 H. On all judgments by default that shall be entered
under any of the preceding sections, the court may assess the
damages on the proof thereof, according to the practice of said
court, without empanelling a jury to do so.
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Judgments
by default.
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