490

LAWS OF MARYLAND.

such plea shall be verified by the oath or affirma-
tion of the defendant, or some one in his behalf,
that he is advised by counsel retained in the cause
that the matter of the said plea constitutes a good
defence, and that he verily believes he will be able
at the trial of the cause to produce sufficient evi-
dence in support of the said plea.

Plaintiff not
entitled to call
for judgment
unless evidence
of debt is au-
thenticated.

SEC. 9. Provided nevertheless: And be it enact-
ed, That the plaintiff shall not be entitled to call
for judgment as aforesaid, unless at the time of
bringing his said action he shall have filed with
his declaration the paper, writing, account stated,
or other evidence on which his claim is founded, au-
thenticated in the usual manner and verified with
the oath or affirmation of the plaintiff thereto an-
nexed, that there is justly due and owing from
the defendant to the plaintiff on said cause of
action the sum of money in the said oath or affir-
mation stated to be due over and above all offsets
and discounts, and that he is not aware of any
just cause of defence of the said defendant against
said demand.

Provisions of
act to apply.

SEC. 10. And be it enacted, That the foregoing
provisions shall apply to an action brought by or
against an executor or administrator.

Executions
returnable.

SEC. 11. And be it enacted, That writs of exe-
cution issued out of the said court may be made
returnable at the election of the plaintiff to the
next succeeding term or rule day of the court.

Provisions of
act to extent to
future actions.

SEC. 12. And be it enacted, That the provisions
of this act shall extend to actions hereafter insti-
tuted in, and writs of execution hereafter issued
out of the Court of Common Pleas of Baltimore
city.