ART. 3. ] BALTIMORE COUNTY. 399
to be untrue, or that such signature was not written by or
by the authority of the person whose signature it purports 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 in full discharge of the action,
provided 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
provided, further, that the court may, and it shall be its duty,
to pass such rules as may be necessary to carry out the pur-
poses of sections 34 to 44 of this sub-title of this article.
40. 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 affir-
mation, if the affiant is conscientiously scrupulous as to tak-
ing 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 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 affi-
davit 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 affirma-
tion that he has personal knowledge of the matters contained
therein; and the said affidavit or affirmation may be made
before any of the persons who may take an affidavit or affirma-
tion 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 administration shall be prima
facie evidence of such death.
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