Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1894-05-25
PUBLIC LOCAL LAWS.
CHAPTER SOL.

eTdi Asbtmuly VI NldIyihHu, 1uub CCi'
tain new sections be and the same are
hereby added to Article sixteen Of the
Code of Public Local Laws, title" Mont
Court" to follow section Fifty eight, to
be designated sections Fihy-eight A,
F;ftv-eight B, Fifty eight G, Fifty eight
D, Fltty-eght Il, Fifty-eight F, Fifty
eight G, Fifty-eight H, Fifty eight l,
Fifty eight J and Fitty-eigat X, and t."
read as follows:
So A. In addition to the first day of
each term of the Circuit Court for said
county, the first Monday in MAY, Au-
gust and October in each year shall be
return DAYS for the return of process in
civil cases.
5S Is. All original writs, writS of exc
cu.i"n, attachments, replevin, eject
ments, Scire fdcidS and hdbere fdcsdS, as
well as all other writs and process is
sued from, Oh returnable to said Court
in civil cases. shall be made returna6le
to the first return day or the first day of
the term, which ever shall first occur
after the issue oft the same, unless other
wise ordered in writing by the party d.
recting the S lme, or his attorney, and
on the return of an original writ. not
executed the same may be renewed, re-
turnablc to the next return day, or TO
the first day of the succeeding term,
whichever shall first occur.
5S q. If "a defendant be returned
summoned and shall fail to appear, the
Clerk Of the Court shall, on the day
following the return day to which the
writ or process served on him is re
turnable, enter the appearance OF any
defendant so summoned and failing to
appear, and the action shall proceed in
the same manner as if the party had
appeared in person.
81 ID. In oil cases when party is re
turned summoned TO return day OF to
term, the same proceedings shall be
had rs are now had in said Court, sub.
Ject to such rules as the said Court may
prescribe, rs to pleading and practice,
and the cases shall be entered III their
oruer on the trial docket for the sue
ceeding term.
81 Il. Every suit in which any defen-
dant shall be returned summoned, ex-
cert suit on contract, rs hereinafter pro-
vided, shall stand for trial or judgment
at the term next succeeding the rule day
or term TO which aid defendant was re-
Jnrned summoned, as now provided by
law, subject to such rules rs the Court
6S f. In any suit where the cause OF
acton Is II contract, whether in writing
or not, or whether expressed 1r i'm
piled, the plaintiff, if affidavit or Aft
nation re IN ade as hereinafter provided,
Shall ne entitled to judgment, to be en-
tered by the Court or the Clerk thereof,
OH the return day, or the first day Of the
term next succeeding the return day,
or the term to which The defendant
snail have been returned summoned,
although the defendant may have
pleaded u: less such plea contains Il
good defence, and unless the defendant
or some one in his behalf shall, under
oath or affirmation, state that every
plea 50 pleaded by the defendant is
true, and Shall further state what
amount of The plaintiffs demand, if
any thing. 10 admitted to be due or ow-
ing, and what amount is disputed; and
If the copaItnership or incorporation OF
any of the parties To the suit shall be
alleged in the declaration, and the aili-
daviJ filed herewith and hereinafter
provided for, or if there shall be filed
with the declaration in said cause any
paper pun porting to be signed by any
defen liant therein, the fact of such al
legged coparlnership or incorporation,
and the genuineness of such signature
shall be deemed TO be admitted for the
purposes Of said cause, unless the said
affidavit shall further state that the aft
art knows or has good reason to be.
lieye, such allegation of copartnership
OF incorporation to he untrue, or that
such signature was not written by, or
by the authority OF the person whose
signature il puiports to be; In case airy
part of the debt OF damages claimed,
be admitted to he due, the plaintiff
shall be entitled to an entry Of judg-
ment therefor as aforesaid, with costs,
in full di, charge to the action; prOvid-
ed, the amount so admitted to be due
shall not be below the jurisdiction of
the Court, or the defendant may pay
such admitted part into Court, and
thcreupon such proceedings shall be
had AS are provided by law In other
cases Of payment of money into Court;
provided, that the Court for good cause
shown, may by it's order, In writing,
pas ed at any time before judgment, ex-
tend the time for filing such pleas and
affidavit, which extension shall suspend
until the expiration Thereof The plaintiffs
right to enter judgment under this sec
ton; and, provided. further, that the
SOulb may uuli ~ bilhtt b6 tbb w
pass such Jules as tray be necessary TO
carry out the purpose of this subtitle OF
this Article
So q. The plaintiff shall not be enti-
tied to Judgment under the preceding
sections, unless, at the time of bring.
ing his action or before the day to
which process is returnablc, lie shall
file with his declaration an affidavit or
afIirmetion-if the afliant has conscien-
tious scruples as to taking an oath
stating the true amount In which the
defendant is indebted to him over and
above all discounts, and shall also file
the bond, bill OF exchange prom ss0ry
note or other writing or account by
which the defendant Is SO indebted, or
if the action be founded upon verbal
or implied contract, shall file state.
melt Of the particulars Of the defen-
dant y Indebtedness hereunder; II there
are two or more plaintiffs the said afii-
davit or affirmation may be made by any
one Of them, or the said affidavit
or affirmation may be made by any
agent of the plaintiff or plaintiffs, or
any uf them, who will further make
oath OF affirmation that lie has personal
knowledge Ofthe matters therein stated, ,
and the said affidavit or affirmation may
be made before any OF the persons who
may take an affidavit or affirmation to
authorize the issuing Of a foreign at
tachment, and may be certified In the
same manner, provided, that when an
executor or administrator brings an ac-
ton, he shall be required to prove the
death Of the party whose representative
he claims to be, If proof Of such death
be demanded In writing within the time
required to plead, but proof OF the grant
OF letters testamentary or OF admins
tration shall be pTintd fdcie evidence of
such death.
So II. On all judgments by default
that shall be entered under any of the
preceding sections, the Court may assess
the damages, on proof thereof, without
empaneliDg jury to do 50.
So 1. On all judgments entered
in said Court under the provisions of
the preceding sections, there shall be a
stay of execution until the return day
or the first day of the term, whichever