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Session Laws, 1908 Session
Volume 483, Page 860   View pdf image (33K)
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860 LAWS OF MARYLAND.

shall suspend, until the expiration thereof, the plaintiffs 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 purposes of section 37A
to 37L of this sub-title of this article.

37G. 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 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 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 knowl-
edge 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 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 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.

37H. On all judgments by default that shall be entered under
any of the preceding sections, the court may assess the dama-
ges on the proof thereof, according to the practice of said
court, without empannelling a jury to do so.

37I. On all judgments entered in said court under the pro-
visions of the preceding sections, there shall be a stay of exe-
cution 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 judgments 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; pro-
vided, however, that the court may, on motion, in writing, by
the plaintiff or his attorney, showing sufficient reasons there-
for, allow an execution or attachment or other proper writ to

 

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Session Laws, 1908 Session
Volume 483, Page 860   View pdf image (33K)
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