400 LAWS OF MARYLAND.

41. 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 empaneling a jury to do so.

42. On all judgments entered in said court under the
provisions of the preceding sections, 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 defendant 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, snowing sufficient
reasons therefor, allow an execution or attachment or other
proper writ to be issued at any time after the entry of judg-
ment as aforesaid and before the expiration of said stay.

43. Nothing in the nine preceding sections shall prevent
a defendant from filing a demurrer to the plaintiff's declara-
tion instead of pleading thereto; but the filing of such
demurrer shall not permit the plaintiff from obtaining judg-
ment by default against the defendant, according to the pro-
visions 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 such demurrer is not interposed for the purpose
of delay.

44. The clerk of said court shall have full power and
authority to enter judgments by default under the rules of
said court, according to the provisions of Section 39, in the
absence of the judge, but shall not have authority to extend
such judgments or assess the damage, which shall alone be
done by the order and under the direction of said court, or
one of the judges thereof.

45. Cases on the trial docket in said court shall at any
time be continued on the application of the respective parties
thereto, or of their counsel.

46. Cases referred in said court to arbitration shall be
reinstated on the application of the respective parties thereto,
or of their counsel.

47. In all cases of trial at common law, in said court,
the parties, or either of them, who may except to the opinion
of the court in the course of such trials, may require the court
to sign and seal such exceptions before the verdict is rendered.