802 LAWS OF MARYLAND. [CH. 363

title "Cecil County," sub-title ''Pleading, Practice and
Process," relating to the recovery of judgments.

SECTION 1. Be it enacted by the General Assembly of ^Mary-
land, That Section 409 of Article S of the Code of Public Local
Laws of Maryland, title ''Cecil County," sub-title "Pleading,
Practice and Process," be and the same is hereby repealed and
re-enacted with amendments, to read as follows:

409. In all actions in the Circuit Court for Cecil County
upon bills, notes, bonds or other instruments of writing for the
payment of money, or for the recovery of book and open ac-
counts or on foreign judgments, judgment by default shall be
entered by the court when sitting or by the clerk thereof on
order of a Judge of said court during recess, upon motion in
writing of the plaintiff, or his attorney, after twenty days
from the return day hereinafter provided, to which the de-
fendant was summoned, notwithstanding the appearance by
the defendant, unless the defendant, or if there be more than
one, one or more of them shall have previously filed in the cause
an affidavit stating that the defendant verily believes there is a
legal defense to the whole or part of such cause of action, and set-
ting forth the nature and character of the same with such clear-
ness as, if true, would defeat the action; if the defense be to a
part only of the cause of action, the defendant, or if there be
more than one, any one or more of them shall, in such affidavit,
specify the sum which is admitted to be due, and judgment
shall be entered for the plaintiff at his election for the sum
acknowledged to be due; the whole or the disputed portion of
the plaintiff's claim, at his election shall stand for trial at the
next jury term of the Circuit Court for Cecil County after
the filing of said affidavit; provided, that no judgment shall
be entered by virtue of this section unless the plaintiff, or if
there be more than one, some one or more of the plaintiffs shall,
at the time of the bringing of the action file in the office of
the clerk of the Court a copy of the instrument of writing or
book entries or open accounts or claims, or in the case of a
foreign judgment, an exemplified copy of said judgment, with
an affidavit stating the sum demanded, and that the same is
believed to be justly and truly due; and provided further that
a copy of said account or other evidence of debt be served upon
the defendant with a copy of the summons in the case, which
summons shall contain a notice that judgment may be entered
upon the suit unless a sworn defense is filed within twenty days
after the return day to which said defendant is summoned.