332 LAWS OF MARYLAND. [CH. 140

may at once have execution therefor; and, upon such entry of
judgment, the plaintiff may join issue or reply to the pleas as to
such 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 originally 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 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 the
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.

SEC. 159j: The Plaintiff shall not be entitled to a judgment
under the preceding section, unless at the time of bringing his
action he shall file with his declaration an affidavit or affirma-
tion 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 writing or account by
by which the defendant is so indebted, or, if the action be
founded upon a verbal or implied contract, shall file a state-
ment of the particulars of the defendant's indebtedness there-
under; if there are two or more plaintiffs, the said affidavit or
affirmation may be made by any one of them, or if all of 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 affi-
davit or affirmation may be made by any agent of any plaintiff
or plaintiffs, or any of them who will make further oath or
affirmation that he has personal knowledge of the matters there-
in stated; and the said affidavit or affirmation may be made be-
fore 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.

SEC. 159k: When any judgment by default shall be en-
tered under any of the preceding sections, the court may assess
the damages on proof thereof without empaneling a jury to do