LLOYD LOWNDES, ESQUIRE, GOVERNOR. 393
purports to be. In case any part of the debt or damages claimed
be admitted to be due, the plaintiff shall be entitled forthwith
to an entry of judgment therefor, with costs in the discretion of
the court, to the time of entry of such judgment, and if the
amount so admitted to' be due shall not be below the jurisdic-
tion of the court, the plaintiff may at once have execution there-
for, and upon such entry of judgment the plaintiff may join
issue or reply to the pleas as to the disputed portion, and the
case shall be proceeded with as to such disputed portion in the
same manner as if the suit had been originally instituted for the
recovery of the same; and the court shall have jurisdiction as
to such disputed portion in all cases where the amount »rigi-
nally claimed shall be within the jurisdiction of the court, but if
either judgment in the case be below the jurisdiction of the
court, no execution shall issue from that court on the same,
and the provisions of section 17 of Article 26 of the Code of
Public General Laws shall apply thereto; yet if the sum of the
two judgments shall equal such jurisdiction they may then be
included in an execution issued from that 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.
313. The plaintiff shall not be entitled to judgment under
the preceding section 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 true amount the defendant is indebted to him, over
and above all discounts, and shall also file the bond, bill of ex-
change, 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 statement of the particu-
lars 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 the bringing of said suit, 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
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