The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1894-05-05
CHAPTER 17s.
An Act to Repeal and Re-enact with amend
ments Section l67 of Article OF the Code
of Public Local Laws, title "City of Balti-
more,' sub title "Courts."

| An AcJ 10 hepeal anu He-enacl Win hlleHu-
ments Section l67 of Article OF the Code
of Public Local Laws, title "City of Balti-
! MORE" sub. title "Courts."
SECTION /. Be ii enacted by the General
Assembly Of Maryland, That Section 1877 Of
| Article of the Code of Public Local Laws,
title "City of Baltimore, " sub title Courts, y
be and the same is hereby repealed and re-
enacted so as to read as follows
167. In any suit when the cause of action
is contract, whether in writing or not, or
whether expressed or implied the plaintiff, if
affidavit or affirmation be made as hereinafter
stated shall be entitled to Judgment, to be
entered by the court or the clerk thereof on
motion in writing at any time after fifteen
days from the return days to which the de
PENDANT shall have been summoned, although
the defendant may have pleaded, unless such
plea contains good defense, and unless the
defendant some one in his behalf shall an
der oath or affirmation, state that every plea
so pleaded by the defendant is true /; and shall
further state the amount ofplaintih s demand,
if anything, admitted to be due or owing, and
the amount disputed. and further that the af.
FAINT verify believes the defendant will be able
at the trial of the cause to produce sufficient
evidence to support the plea as to the portion
disputed and that he is advised by counsel to
file the said plea; and such plea shall be ac-
companied by a certificate of counsel that he
so advised the party making such oath or
affirmation, and if the copartnership or incor
poration of any of the parties to the suit shall
be alleged in the declaration and the affidavit
TO be fled Herewith, as hereinafter provided:
or if there shall be filed with the declaration
in said cause, any paper purporting to be
signed by any defendant therein, the fact of
such alleged copartnership or incorporation,
o,,l h. sc, IL IL l.,
deemed TO be admitted for the purposes of
said cause, unless the said affidavit shall
further state that the afiiant knows, or has
good reasons TO believe, such allegation or
copartnership or incorporation to be untrue or
that such signature was not written by OF by
the authority of the person whose signature it
purports to be; in case any part of the debt or
damages claimed be admitted to be due the
plaintiff shall be entitled forthwith to an entry
of Judgment. therefor with costs in the dis
cretion of the court to the time of entry of
such Judgment, and if the amount so ad-
mitted to be due shall not be below the iuris-
diction of the court, the plaintiff may at once
have execution therefor and upon such entry
of judgment the plaintiff may join issue or
reply to the pleas as to the disputed portion
and the case shall be proceeded with as to
such disputed portion in the same manner as
if the suit had been originally instituted for
the recovery of the same and the court shall
have jurisdiction as to such disputed portion
in all cases where the amount originally
claimed shall be within the Jurisdiction of the
court, but if either Judgment in the case be
below the jurisdiction ofthe court no execution
shall issue from that court on the same. and
the provisions of Section II of Article &c of
the Code of Public General Laws shall apply
thereto yet if the sum of the two judgments
shall equal such jurisdiction they may then be
included In an execution issued from that
court provided that the court for good cause
shown, may, by its order 10 writing, passed
at any time before judgment, extend the time
for filing such pleas and affidavits, which
extension shall suspend, until the expiration
thereof, the plaintiff S right to enter judgment
under this Section.
Approved April 3, 1894.
FRANK BROWN, Governor.
JOHN WALTER SMITH,
President of the Senate.
JAMES 81. PRESTON,
Speaker of the House of Delegates.
We hereby certify that the aforegoing is u
correct copy of an Act of the General As
sembly of Maryland, passed January Session,
1894. j. ROGER McSHERRY,
Secretary Of the Senate.
b. l.. SMITH,
Chief Clerk of the House of Delegates.