The midland journal. (Rising Sun, Md.) 1885-1947, 1922-08-11

FOR CECIL COUNTY PASSED AT
1922 SESSION OF MARYLAND
LEGISLATURE AND PUBLISHED
nv ORDER OF THE COUNTY
COMMISSIONERS OF CECIL co.
CHAPTER NO. sss.

tACtS . "a tuW OOUC Va 4 0UAhS ASOSssA
Laws OF Maryland. title Cecil
County" subtitle "P | g din g.,
Practice and Process" relating to
the recovery of judgments.
Section 1. Be it enacted by the
General Assembly Of Maryland, That
Section 400 OF Article Of the Code
OF Public Local Laws Of Maryland,
title Cecil County" subtitle
Pleading, Practice and Process" be
and the same is hereby repealed and
re-enacted with amendments, to
read as follows:
409. In all actions in the Circuit
Court for Cecil County upon bills.
notes, bonds or other instruments Of
writing for the payment Of money,
or for the recovery of book and open
accounts or on foreign judgments,
judgment by default shall be enter
ed by the court when sitting or by
the clerk thereof ON order of a
Judge OF said court during recess,
upon motion in writing Of the plain
tiff, or his attorney after twenty
days from the return day herein
after provided, to which the defend
ant was summoned, notwithstand.
ing the appearance by the defendant,
unless the defendant, or II there be
more than one, one or more Of them
shall have previously filed in the
causean affidavit stating that the de-
PENDANT verify believes there is a
legal defense to- the whole or part OF
such cause of action, and setting
forth the nature and character OF
the same with such clearness as, ii
true, would defeat the action; IL the
defense be to q part only of the
cause Of action, the defendant, or If
there be more than one, any one OF
more Of them shall, In such affidavit
specify the sum which is admitted to
be due, and judgment shall be enter
ed for the plaintiff at his election
for the sum acknowledged to be
due; the whole or the disputed por-
ton Of the plaintiffs claim, at his
election shall stand for trial at the
next jury term of the Circuit Court
for Cecil County after the fling of
said afidayit: provided, that no
judgment shall be entered by virtue
OF this section unless the plaintiff,
or IL there be more than one, some
one or more of the plaintiffs shall, at
the time Of the bringing of the ac-
ton file in the Office of the clerk OF
the Court copy Of the instrument
OF writiog or book entries or open
q foreign Judgment, an exemplified
copy OF said Judgment, with an affi-
davit stating the sum demanded,
and that the same is believed to be
justly and truly due, and provided
further that copy of said account
or othef evidence of debt be served
upon. the defendant with copy of
the summons in the case, which
summons shall contain notice that
Judgment may be entered upon the
suit unless sworn defense is filed
within 20 days after the return day
to which said defendant is sum-
moned. No stay of execution shall
be granted on any such judgment
unless supersedas be filed, with
proper surety thereon, as now pro-
vided by law.
For the purpose of this Act re-
turn days to which process issued
hereunder shall be returnable, shall
be the first Monday in March. third
Monday in June. third Monday in
September, second Monday in De.
cember and also the first Monday in
February, the second Monday in
April, the second Monday in August,
and the first Monday in November,
and all process issued under the pro-
visions of this Act shall be return
able TO the next, succeeding return
day, as above provided, after the is
suing of said process.
Sec. Q. And be 1t further enact
ed. That this Act shall take effecs
June 1. 1922.
Approved:
ALBERT C. RITCHIE,
Governor.
WILLIAM I. NORRIS,
President of the Senate,
JOHN L. G.. LEE,
Speaker of The House OF Delegates
CHAPTER NO. 4O7.
AN ACT to repeal and re-enact with
amendments Section s of Chapter