ELIHU E. JACKSON, ESQUIRE, GOVERNOR.
affidavit or affirmation may be made by an

277

agent of the plaintiff or plaintiffs, or any of them
who will further make oath or affirmation that
he has personal knowledge of the matter 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 proofs of such death be demanded in writ-
ing within the time required to plead, but proof
of the grant of letters testamentary or of admin-
istration shall be prima facie evidence of such
death.
SEC. 40H. On all judgments by default that

Affidavit-
how made.

shall be entered under any of the preceding sec-
tions, the court may assess the damages on the
proof thereof, according to the practice of said
court, without empaneling a jury to do so.
SEC. 40i. On all judgments entered in said

Court may as-
sess damages.

court under the provisions of the preceding sec-
tions there shall be a stay of execution until the
return day, or the first day of the term, which-
ever shall first occur next succeeding the return
day, or the term at which said judgment shall
have been entered, with the right to the defend-
ant to supersede the same for six months from
the expiration of said stay as now allowed by law;
provided, however, that the court may, on motion,
in writing, by the plaintiff or his attorney, show-
ing sufficient reasons therefor, allow an execu-
tion or attachment, or other proper writ, to be is-
sued at any time after the entry of judgment as
aforesaid and before the expiration of said stay.
SEC. 40J. Nothing in the preceding sections

Stay of exe-
cution.

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 some one in his behalf, shall,
at the time of filing such demurrer also make
oath or affirmation, to be filed in the case, that

What not to
prevent.