1840                                   LAWS OF MARYLAND                                 Ch. 680

(Note; The provisions of this Subtitle are proposed for
repeal as obsolete and redundant.)

CALVERT COUNTY HOSPITAL

5.

THE COUNTY COMMISSIONERS MAY APPROPRIATE A SUM TO BE
DETERMINED BY THEM TO THE CALVERT COUNTY HOSPITAL.

(Note; The provisions of this Section are proposed for
transfer from Section 175(c).)

Circuit Court

107.

[(a) In any action hereafter brought in any Circuit
Court in the Seventh Judicial Circuit of Maryland arising ex
contractu, if the plaintiff or his agent shall file at the
time of bringing his action an affidavit setting out
distinctly his cause of action and the sum he claims to be
due, exclusive of all set-offs and just grounds of defense,
and shall serve the defendant with copies of his declaration
and of said affidavit, he shall be entitled to a judgment for
the amount so claimed, with interest and costs, forty days
after such service unless the defendant shall file a plea
which if in bar is accompanied by an affidavit of defense
denying the right of plaintiff as to the whole or some
specified part of his claim specially stating also, in
precise and distinct terms, the ground of his defense, which
must be such, as would, if true, be sufficient to defeat the
plaintiff's claim in whole or in part; and where the
defendant shall have acknowledged in his affidavit of
defense his liability for a part of the plaintiff's claim as
aforesaid, the plaintiff, if he so elect may have judgment
entered in his favor for the amount so confessed to be due,
such judgment to be a bar to any further amount not so
confessed. Any judge of the Circuit Court is hereby
authorized, either in vacation or term time to enter
judgment under this section where no affidavit of defense is
filed and to hear motion for judgment and to enter judgment
thereon where insufficient affidavits are filed unless (1)
the defendant files a demurrer as hereinafter provided to
the declaration filed under this section, or (2) the
plaintiff and defendant in a case file a written agreement
with the Court stipulating that the time in which the
defendant must file a plea, affidavit of defense, or
demurrer be extended.

(b) If the defendant files a demurrer which is in
accordance with Section 9 of Article 75 of the Annotated
Code of Maryland (1939 Edition) within twenty days after
service of process under this section, then the affidavit of
defense required hereunder need not be filed until after the
hearing on demurrer, but if such demurrer is overruled,
said affidavit of defense shall be filed not more than