EMERSON C. HARRINGTON, GOVERNOR. 339
such judgment has been rendered may, upon motion, filed
by the defendant within thirty days after entry thereof,
strike out the same and reinstate such case with leave to such
defendant to file pleas, affidavit and certificate of counsel, or
amend his pleas, affidavit and certificate of counsel, already
filed, within not exceeding ten days thereafter, whenever the
court shall be of the opinion that the interests of justice will
be promoted by striking out such judgment and so reinstating
such case, although sufficient grounds for striking out such
judgment for fraud, deceit, irregularity or such other grounds
as would have sufficed before the enactment of this section
may not be present; provided, however, that the Court grant-
ing such order may in its discretion require as a condition
thereto that the defendant give bond with approved security
for the payment of any judgment finally recovered against
him in such case in such penalty as may be prescribed by the
court and that the defendant pay the costs so far incurred in
said case, or any other conditions which the court may deem
proper; and if any defendant who has been given leave to
file pleas, affidavit or certificate, or to amend those already
filed, under this section, shall fail to file a sufficient plea, affi-
davit or certificate of counsel, or to amend those already filed
so as to be sufficient within the time so limited, then the plain-
tiff shall be entitled to final entry of judgment on motion
therefor, in the same manner as for failure to file a sufficient
plea, affidavit or certificate within the time originally limited
under the preceding sections.
Section 41A. If the defendant shall dispute the whole or
any part of the plaintiff's demand in any action brought under
the provisions of Sections 39, 40 and 41, and upon trial of
the case the plaintiff shall recover for a judgment for any
portion of his demand so disputed, then the plaintiff shall be
allowed in addition to the costs of the suit a reasonable counsel
fee to be fixed by the court. Said fee not to be more than $100.
Approved April 4th, 1916.
CHAPTER 185.
AN ACT ratifying and confirming the Action of the State
Roads Commission of the State of Maryland in executing
a certain indemnity agreement with the United States
Fidelity and Guaranty Company, and in executing as prin-
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