HARRY W. NICE, GOVERNOR. 383

any Notary Public; provided, however, that if said oath or
affirmation be made before a foreign notary public, there
shall be attached to said oath or affirmation the certificate
of the proper official certifying the authority of said notary
public. Provided, however, that the plaintiff shall not be
entitled to judgment under the preceding sections unless a
copy of the declaration, affidavit, notice to comply with the
provisions of this Act and cause of action be served upon
the defendant and each of them, if there are more than one,
at the time of the service of summons.

189C. When any judgment by default shall be entered
under any of the preceding sections, the Court may as-
sess the damages on proof thereof and extend final judg-
ment for the amount thereof without impanelling a jury to
do so, either in open Court or in chambers unless the de-
fendant shall have filed a motion in writing before the
entry of such default to have said damages assessed by a
jury, and shall have stated in such motion how much of
the plaintiff's demand is disputed, and how much thereof,
if any, is admitted by said defendant to be due, and in such
case the plaintiff may forthwith have judgment entered up
for the amount so admitted, as provided in the preceding
section.

189D. If the defendant shall dispute the whole or any
part of the plaintiff's demand in any action brought un-
der the provisions of the four foregoing sections, and upon
trial of the case the plaintiff shall recover a judgment for
any portion of his demand so disputed, then the plaintiff
shall be allowed in addition to the costs of the suit, reason-
able counsel fees, to be fixed by the Court, said fees not to
be less than twenty-five dollars nor more than one hun-
dred dollars.

189E. In all cases brought under the provisions of this
Act, where the verdict of the jury or the Court, sitting as a
jury, shall be for the defendant, the defendant shall be
allowed in addition to the costs of suit, reasonable counsel
fees, to be fixed by the Court, said fees not to be less than
twenty-five dollars, nor more than one hundred dollars.

189F. If judgment be entered against any defendant for
failure to appear and plea, or failure to file a sufficient plea,
affidavit or certificate of counsel, under the six preceding
sections, the Court in which such judgment has been ren-
dered may, upon motion filed by the defendant within