Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1894-05-18
PUBLIC LOCAL LAWS.
CHAPTER 561.

ersl Assembly of Maryland, That GER
tain new sections be and the same are
hereby added to Article sixteen of the
Code of Public Local Laws, title" Mont
gomery County" subtitle "Circutt
Court" to follow section Fifty eight, to
be designated sections Fifty-eight A,
Fifty-eight B, Fifty eight q, Fifty eight
D, Fitty-eight L, Fifty.eight \, Fifty
eight g, Fifty-eight III, Fifty eight l.,
Fifty.eight and Fiity-eigat X, and to
read as follows:
5sA. In addition to the first day of
each term of the Circuit Court for said
county, the first Monday in Nav, Au-
gust and October in each year shall be
return days for the return of process in
civil cases,
SIS Is. All original writs, writs of exc
cu.irn, attachments, replevin, eject
ments, scire fdcids and hdbeTe facidS, as
well as all other writs and process is
sued from, Oh returnable to said Court
in civil cases. shall be made returnable
TO the first return day or the first day OF
the term, which ever shall first occur
after the issue of the same, unless other
wise ordered in writing by the party di-
recting the lme, or his attorney, and
on the return of an original writ. not
executed the same may be renewed, ie-
turnablc to the next return day, or TO
the first day of the succeeding term,
whichever shall first occur.
So &, If defendant be returned
summoned and shall fail to appear, the
Clerk of the Court shall, OH 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 il the party had
appeared in person.
81 ID. In all cases when party is re
turned summoned TO a return day or to
a term, the same proceedings shall be
had as are now had in said Court, sub.
ject to such rules as the said Court may
prescribe, us to pleading and practice,
and the cases shall be entered III their
order on the trial docket for the sue
ceeding term.
So e. Every suit in which any deten-
dant shall be returned summoned, eX-
cept suit on contract, rs hereinafter pro-
vided, shall stand for trial or judgment
at the term next succeeding the rule day
or term 10 which said defendant was re-
turned summoned, as now provided by
lo"t ouplVCt W buCu luioo TO thp N'ouib
may prescribe as aforesaid.
6S +. In any suit where the cause OF
ACTON is II contract, whether in writing
or not, or whether expressed Or i'm
piled, the plaintiff, if affidavit or afr
nation Re maze US hereinaiie r provided,
sha he entitled to Judgment, TO be en-
tered by the Court or the Clerk thereof,
on the return day, or the first day Of the
farm wi onnnnaAinn a 1nU
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 ev9ry
plea 80 pleaded by the defendant is
true, and shall further state what
amount of the plaintiffs demand, il
ANYTHING. il admitted to be due or ow-
ing, and what amount is disputed; and
If the copartnership or incorporation Of
any OF the parties to the suit shall be
alleged in the declaration, and the afli-
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 copartnership or incorporation,
and the genuinencss of such signature
shall be deemed to be admitted for the
purposes OF said cause, unless the said
affidavit shall further state that the aili.
art knows or has good reason to be.
lieve, such allegation of copartnership
Or incorporation 10 be untrue, or that
such signature was not written by, or
by the authority of the person whose
signature it puiports TO be; In case any
part of the debt or damages claimed,
be admitted to be due, The plaintiff
shall be entitled to an entry of judg-
ment therefor as aforesaid, with costs,
in full discharge to the action; provid-
ed, the amount 80 admitted TO be due
shall not be below the jurisdiction of
the Court, or the defendant may pay
such admitted part into Court, and
thereupon such proceedings shall be
had rs are provided by law In other
cases OF payment OF money into Court
provided, that the Court for good cause
shown, may by its 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 plaintiff &
right to enter judgment under this sec
ton; and, provided. further, that the
Court may, and it shall be its duty to
pass such rules as nay be necessary to
carry out the purpose of this subtitle of
this A'tlcle
So q. The plaintiff shall not be cnti-
tied to Judgment under the preceding
sections, unless, at the time Of bring.
ing his action or before the day TO
which process Is returnable, he shall
file with his declaration an affidavit or
affitmstion-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 sOry
note or other writing OF account by
which the defendant Is so indebted, OF
if the action be founded upon verbal
or implied contract, shall file a state
ment Of the particulars OF the defen-
dant's indebtedness hereunder; II there
are two or more plaintiffs the said affi-
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 " them, who will further make
oath or 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 10
authorize the issuing Of foreign at
tachment, and may be certified in the
same manner, provided, that when al
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 deatl
be demanded In writing within the time
required TO plead, but proof of the gran
oil letters Documentary or OF admins
tration shall be pTiBa facie evidence Of
such death.
SO II. On oil judgments by defaul
that shall be entered under any Of tbi
preceding sections, the Court may asses
the damages, on proof thereof. without
empaneling jury to do 50.
SO /. On all judgments entered
in said Court under the provisions o
the preceding sections, there shall be
stay of execution until the return da!
or the first day of the term, whicheve