ALBERT C. RITCHIE, GOVERNOR. 797

setting forth the nature and character of the same with such
clearness 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 affida-
vit, 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 Anne Arundel 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 affida-
vit 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 de-
fendant with a copy of the summons in the case, which sum-
mons 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. No stay

of execution shall be granted on any such judgment unless a
supersedeas be filed, with proper surety thereon, as now pro-
vided by law.

For the purpose of this Act return days to which process
issued hereunder shall be returnable, shall be the first Monday
in January, first Monday in March, first Monday in May, first
Monday in July, first Monday in September, and first Monday
in November and all process issued under the provisions of this
Act shall be returnable to the next succeeding return day, as
above provided after the issuing of said process, provided the
suit be docketed at least twenty days before the return day to
which the process is made returnable.

149-C. In all actions ex delicto in which a judgment by
default or interlocutory judgment has been entered by the Court
against one or more defendants, final judgment may be entered
by the Court upon evidence offered by the plaintiff if found
sufficient by the Court for the purpose without a jury, provided
a copy of the declaration in the case be served upon the defend-
ant or upon each of the defendants, if there be more than one,
duly certified by the Clerk of the Court together with a notice