The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1922-07-28
Public Local Laws
SPEEDY JUDGMENT ACT

and to be numbered Sections l5yA, 1898.
lb5C, i59D. 159E. 1877 1886. 1871 1891.
1881. l5gK, 1901 and 159M. providing for "a
Speedy Judgment Act for Hartford County.
SECTION ]. BE II enacted by the General
Assembly Of Maryland. That thirteen sdd-
tonal sections be added to Article 10 Of the
ford County subtitle Circuit Court. to iol-
low Section I59 and be numbered Sections
1894. l69B. 1850. I69D. ib9E. i5sF. 1896.
1871. 1891, 1881, lbgK 1891 and IJ9M said
new sections to read as follows:
1854. In addition TO the first day Of each
term Of the Circuit Court for Hartford County.
the second Monday In each other month Of the
year shall hereafter be rule day for the re-
turn of process In civil eases. unless same be n
legal holiday. In which case the day next sue
ceedinR shall be the rule day and the words
return day" wherever used in this subj
Of this Article shall apply we'll to the first
day OF the term TO the other return days
herein enumerated
1893. All original wits writs Of execution.
attachment. pplevin. eiectment, seire facias
and habere facias, as well ak all other wriis
or process issued from returnable TO taid
Court. which under the practice heretofore eA-
! isting. would have been returnable 10 the
| first day of the term, shall hereafter be made
returnable to the first return day aftert issue
OF the same. or may be made returnabIe to the
second return day thereafter, II the party b.
whose directions same was issued his at
torney shall 30 request In writing
1890 On the return Of an original writ not
| executed In said Court. the same may be re-
newed returnsble to the next return day there
| alter; and, after two returns. any original writ
| not executed Mt two successive return days for
which the writ " issued shall be permitted to
| lie dormant. renewable only the written
order Of the plaintiff or his attorney tn such
| future return day the plaintiff or his at
| torney may elect and upon further return
| II not executed. said writ shall be again per-
mitted 10 lie dormant, renewable only as
Aforesaid. the said plaintiff his attorney
having the right To renew sal writ TO as many
| subsequent fvtaTn days. under the same mode
Of procedure, as may be deemed proper, until
| the same IN executed.
| lb9D. After the return Of any writ or other
| process made returnable TO n return day. the
/ Sams proceedings may be had thsreupon as II
| the same had been made returnabe, and had
been returned TO term of said Court under
this practice heretofore existing. except
| hereinafter otherwise provided.
l5gE. II the defendant be returned SUM
| moned" and shall fail 90 appear, the clerk Of
/ the Court, on the day following the return day
/ 10 which the writ or process served on him IL
returnable shall enter the appearance Of any
| defendant NO summoned and failing to appear,
| and the action shall proceed In the same man
| ner ms II the party had appeared In person.
| 1877. When a declaration m any action
shall DO filed In court and copy delivered to
| the defendant before the day Of the return of
| the writ. and the defendant shall be summoned
before the said day Of the return Of the writ.
| he shall plead before the next succeeding return
day. or judgment by default for want OF
plea shall be entered by the clerk Of court
thereof. upon motion In writing made by the
plaintiff or his attorney. then. or at any time.
| thereafter. before the filing OF plea by the
| defendant. unless the Court for good reason
| shall have granted said defendant further time
| 10 plead and upon such entry OF Judgment.
| the plaintiff may forthwith sue out his whit of
| Inquiry, or otherwise enter w final Judgment
| according 10 the course Of the Court.
1896, When any action shall be brought
upon n fitting and the defendant shall have
1 hsau NOD fka MIA t0.NAH kan a.
declaration within fifteen days after the return
| day 20 which said defendant has been sum-
/ moned, or n judgment Of pros may be
| entered by the Court or the clerk thereof upon
| motion made In writing by the defendant. I'M
| less the Court. for good cause shown. shall
/ grant further time but. II the plaintiff shall
have filed his declaration In any such action
| nj amy time before the entry Of Judgment
Of non pros against him. the defendant shall
he re1ulred to plead to such declaration within
the time and upon the terms prescribed by the
rules Of court. or judgment by default may be
entered against him AS provided by said rules
ibpH. Every suit In which any de fondsnt
shall be returned summoned. shall stand for
trial or judgment las against such defendRntI
nj tho return day next succeeding the return
day TO which he has been summoned. providing
the declaration shall have been hlsd In court
and copy thereof shall have been served upon
tho defendant or his attorney at lea.t ffis en-
days before said return day.
1891. In any suit when the cause Of action
whether expressed or implied. the plaintiff. II
All davit or affirmation be made, as hereina fter
stated. shall be entitled 10 judgment, to b. en-
tered by the court or the clerk thereof on mo-
ton. In writing. ut any time after fifteen days
from the return day 10 which the defendant
shall have been summoned. although the de-
PENDANT may have pleaded. unless such plea
contains good defense, and unless the de-
PENDANT, or some one In his behalf. shall. under
oath or affirmation, state that every plea so
blended by the defendant Is true and shalt
further state the amount Of said plaintiffs
demand. u anything. admitted to be due or
owing, and the amount disputed and further.
| that the afinnt verify believes the defendant
will he able nj the trial OF the cause 10 pro-
duce sufficient evidence TO support the Iisa as
To tho portion disputed, and that he Is advised
by counsel to file the said plea and such
plea shall be accompanied by n certificate 81
counsel that he 80 advised the party making
such oath or affirmation and II the eo-pArt.
ne-sfip or Incorporation Of any 0f the parties
TO the suit shall be alleged In the declaration
and the affidavit to be filed Herewith. Rs here
matter provided or II there shall be filed with
the declaration In aaid eauss any paper pur-
porting to be signed by any defendant therein
the fact Of such alleged eo-partneruhip OF In
corporation. and the Henuineness OF such sigma
| turc shall be deemed TO be admitted for the
purpose Of such cause. unless the said affidavit
shall further state that the affiant knows, or
has good reason to believe. such allegation of
eo.partnership or Incorporation 10 be untrue, or
that such signature was not written BY or by
the authority of the person whose signature II
purporta to be In case any part Of the debt
or damages claimed be admitted to be due. the
plaintiff shall he entitled forthwith TO an entry
Of Judgment therefor. with costs, In the dis
erection Of the court, TO the time of entry Of
such Judgment and. u the amount 80 admitted
| to be due shall not be below the Jurisdiction of
| tho court the plaintiff may ut once have exc
| cution therefor and upon such entry Of jttili-
ment, the plaintiff may join issue or reply to
| the pleas as TO such disputed portion and the
case shall be proceeded with as to such disputed
| Portion In the same manner US VI the suit had
been originally instituted for the recovery of
| the same and the court shall have Jurisdiction
rs TO such disputed portion In all cases where
the amount originally claimed shall be within
the Juriadietion of the court but. u either
JUDGMENT In the case be below the jurisdiction
Of the court, no execution shall issue on the
sanH ant tho provisions Of section n Of hrti-
cle 70 o thu Code Of Public Gsneral Laws shall
| apply thereto yet u the sum of the two judy
ments shall equal such Jurisdiction. they may
| then be included In an execution issued from
the eours provided. that the court for GOOD
cause thowh may by Its order In wi,.ns. rGss-
| ed Al any time before Judgment. extend the
time for filing such pleas and ahidavits which
| extension shall suspend until the expiration
thereof, the plaintiffs right 20 enter Judgment
under this section.
i6sJ. The plaintiff shall not be entitled TO
n Judgment under the preceding section, unless
M the time of bringing his action he shall file
with his declaration an affidavit or affirmation
stating the true amount the defendant IL In
debted To him, over and above all discounts I;
and shall also file the bond. bill of exchange,
rfomissory note or other writing account by
which the defendant l. 70 indebted. or. u the
action be founded upon verbal or implied con-
tract, shall file a statement Of the Particular
Of tho defendants Indebtedness hereunder; II
then are two more plaintiff. the said afidA-
Wit or affirmation may be made by any one OF
them. or u all Of the plaintiffs be absent from
the State ut the time OF the bringing Of said
m q NJ he iNfiH Ia
said affidavit or affirmation may be made by
any arcnt OF any plaintiff or paiatifs or any
Of them who will make further oath or affirma-
ton that he has personal knowledge OF the
matters therein stated and the said affidavit
or affirmation may he made before any OF the
perNons who may take an affidavit or RHirma-
ton 10 authorize the issuing Of foreign at
tachment and may be certified In the same
manner.
l5gk. When any Judgment by default shall
be entered under any OF the preceding sections,
the couU may assess the damages on proof
thereof without cmraneling \ jury to do 20, I'M
less the defendant shall have filed motion In
writing before the entry Of such default. for
jury trial and shall have stated in such mo-
ton how much OF the plaintiffs demand 10 dis
puted, and how much thereof II any, Is adj
mittsd by said defendant to be due and In such
case the plaintiff may forthwith have Judgment
entered up for the amount - admitted. as pro-
vided In the preceding section.
1891. Any action taken or order passed BY
said court In relation to any Judgment rendered
BY u, " taken OF passed within thirty days
after the entry Of such Judgment. or upon q
motion or application made To II within said
thirty days, shall have the same effect and force
a, |, would have had under the practi,e hereto
fore existing In said court, u taken or passed
durinc the term, upon n motion Rnplica-
ton made during the term a, wh'eh said Iuds-
ment was entered. and no more but any such
action taken or order passed after the expira-
tioo Of thirty days from the entry Of any judy