Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1894-05-11
PUBLIC LOCAL WIS.
CHAPTER sol.


tain new sections be and the same are
hereby added to Article sixteen of th'
Code of Public Local Laws, title" Mont
gomery County" subtitle "Circuil
Court" to follow section Fifty-eight, to
be designated sections Fiiy-eight A,
Fifty-eight B, Fifty-ei q, Fifty Gig 4
D, Fifty-eight E, Fiffv-eight +, Fifty
eight G, Fifty-eight H, Fifty eight !,
Fifty weight and Fiiiy-eight *. 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 May, Au-
gust and October in each year shall be
return DAYS for the return of process in
civil cases
SIS b. All original writs, writs of exc
cu:i'n, attachments, replevin, eject
ments, scir6 jiCsts and hdbeTe facSdS, as
well as all other writs and process Is
sued from, Oh returnable to said Court
in civil cases. shall be made retuinable
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 tme, or his attorney, ana
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.
So q, Ii 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 i'll
the same manner as II tho party had
appeared in person.
IS ID. In all cilses when party is re
turned summoned to return day or To
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, MS to pleading and practice.
and the cases shall be entered i'll their
oruer on the trial docket for the sue
ceeding term.
SO Il Every suit in which any deten-
0ant shall be returned summoned, eX-
ceI't suit on contract, AS 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-
lnrned summoned, as now provided by
law, subject to such rules as the Court
may prescribe as aforesaid.
6S +. In any suit where the cause OF
action Is u contract, whether In writing
or not, or whether expressed ur i'm
piled. the plaintiff, if affidavit or Aft
nation re IN aue as hereinafter provided,
sha tie entitled to Judgment, IT, be en-
tered by the curt 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 sum noned,
although the defendant may have
pleaded u lees such plea contains Il
good defence, and unless the defendant
or come 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
snythiug, is admitted to he due or ow-
ing, AMI 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 atii-
daviJ filed Herewith and hereinafter
provided for, or il there shall be fled
with the declaration in said cause any
paper pun porting to be signed by any
defen iuut therein, the fact of such al
legged cOpartnership 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 affi-
art knows or has good reason to be-
lieve, such allegation of copartnership
VI Incorporation to be untrue, OF that
such signature was not written by, or
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 to all entry Of judg
ment therefor as aforesaid, with costs,
in full dis charge to the action; provid-
ed, the amount 80 limited 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 as 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 vt any time before judgment, ex-
tend he time for filing such pleas and
aft .avit, which extension shall suspend
until the expiration therOf, the plaintiffs
right to enter judgment under this sec
tiOn; and, provided. further, that the
Court may, and 1t shall be its duty to
pass such Jules ms r.ay be necessary TO
carry out the purpose Of this subtitle OF
this A'tlcle
90 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
winch process Is returnabie, he shall
file with his declaration an affidavit or
affirmeti on--if the afliant has conscien-
tious scruples us to taking an oath
stating the true amount In which the
defendant is indebted to him over and
ab I'VE all discounts, and shall also file
the bond, bill OF exchange prom ssOry
mole 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 q state.
ment Of the particulars Of the defen-
dant's indebtedness thereunder;-if there
are two Or more plaintiffs the said afil-
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 VI them, who will further make
ga II 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 to
authorize The issuing OF foreign at
tachment, and may be certified in the
same manner, provided, that when all
executor or administrator brings an ac-
ton, lie shall be required to prove the
deatn Of Tile purity 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
oil letters testamentary or OF admins
tration shall be pTimG fdcie evidence of
such death.
IS 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
empaneiBg jury to do so.
SO I. 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
obaII Arat nppur newt auccppdinO the re-