The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1922-08-11
Senate Bili No. Eat.
CHAPTER i40
A NIL ENTITLED

1
land,--title Hartford County,--as re-
pealed and re-enacted' by Chapter $50
OF the Acts OF 1918. under the sub title
o. Circuit Court. 70 follow section 1885,
and to be numbered Sections i69a
l5ab. 1890. i6sd, lbae 1897. 1893, ibph
1891. 1891, lbsk, 1891. and 1853 m.
Section l.. He II enacted by the Gen.
eral Assembly OF Maryland, That thir-
teen new sddlyonal sections be added
OF Maryland. title Hartford County
subtitle Circuit Courts, TO follow sec
iion ibs, and be numbered as ssctlona
issS, 1881 1851 ISL isse. issi, and ana is SsS
said new sections to read ms foliowa;-
Section 1bsa; In addition TO drst day
Of each term of the Circuit Court for
each other month OF the year shall
hereafter be n rule day for the return
OF process In OWL cases,--unless same
10 legal holiday, In which case the
day. and the words return day"
wherever used In this sub title OF this
article. shall apply aa well TO the frat
day Of the term as the other return
sec. i6eb; All original writa wrlts
OF execution. attachment, repleyin,
| eJectment. sclre facias and habere fac
las as well as all other writs or pro-
| cess Issued from or returnuhle to anld
Court, which, undor the practice here
| tofore existing, would have been re-
turnable to the lrAi day OF tho term,
ahall hereafter he made returnable 10
The frat return day after tho Issue OF
| Ihc same, or may be made returnnble
TO the second return day thereafter, II
tho party. by whoae dlrections same
was Issued or his attorney shall 80 re-
quest In writing.
sec, 1890; On the return OF m orig
nal writ not executed In said Court
| the same may be renewed returnable
10 the next return day thereafter; and
nner Two returns, any original writ
days for which the writ Ii issued shall
be permitted to lie dormant.--renewa
BILE only on the written order OF the
return day az the plaintiff or HIS at
iorney may elects and, upon d further
return 10 not executed, said writ shall
he again permitted 10 lie dormant, re.
plalntln or his attorney having the
| right to renew said WRIT TO az many
subsequent return days. under the
same mode OF procedure, as may be
deemed proper until the same In exc
| cuted.
Sec, 169d; After the return OF any
writ or other process made returna hle
10 a return day, the same proceedings
may be had thereupon as 10 the same
| had been made returnabie. and had
been returned to a term OF said court
under the practice heretofore existing,
except as hereinafter otherwise pro-
| ylded, z.
Sec. 1899; II. the defendant be return
ed "summoned," and shall fail to mp
pear, the clerk Of the court. on the day
following the return day to which tho
writ or proceBn served on him In re-
turnable. shall enter the appearance OF
amy defendant no summoned and fall
Ing 10 appear, and the action shall
proceed In the same manner as II the
party had appeared In person.
see, 1851; When a declaration In any
action shall be hled IN court, and q
ant before the day Of the return Of the
writ. and the defendant shall be sum
noned before the said day Of the
r return ,., Of the writ, he shall
turn day, or Judgment BY default for
want o. a plea shall be entered by the
clerk Of oonrt ,hsrsof upon motion n
attorney, then. Or al any time there.
after, before the nling OF n plea by tho
defendant. unless the court for good
reason shall have granted said defend.
auoh entry of Judgment. the plaintiff
may forthwith sue ont his writ Of In.
qulry, or otherwise enter up final
Judgment according to the course OF
Sec, IsSg; when any action shall be
brought upon tltling and the de-
PENDANT shall have been summoned, the
plaintiff shall fle his declaration with
which said defendant has been sum
| moned, or n judgment OF non pros may
be entered by the Court or the clerk
thereof, upon a motion made In writ
Ing by tho defendant, unless the Court,
for good cause shown. shall grant fur
lher time. but. u tho plaintiff shall have
hled his declaration In any such nc.
,lon; ;d a. any time before the s entry Of
the defendant shall be required TO
plead to such declaration within the
me and upon the terms prescribed by
the rules Of court, or Judgment by de-
fault may he entered against him IN
provided by said rules
Sec. i6eh: Every suit In which any
defendant shall be returned summoned.
shall stand for trial or Judgment las
against such defendanD at the return
day next succeeding the return day to
| which he has been summoned, provid-
lngthe declaration shall have been
iled IN court and u copy thereof shall
have been served upon the defendant
or his attorney At least ffteen days
before aald return day.
Beo 1891; In any SUIT when the cause
Of action In contract, whether In
writing or not. or whethar Expresses
or implied, the plaintiff " AFFIDAVIT or
affirmation be made. as hereinafter
TO be entered by the court or the clerk
thereof on motion, in writing, ~ any
time after hftcen days from the re-
turn day 10 which the defendant shall
l
PENDANT may have pleaded. unless such
| plea contains u good defense, and nm
less the defendant. or some one In his
behalf shall, under oath or affirmation.
state that every pIeR 80 pleaded by the
defendant In true. aud shall further
state the amount OF said plaintiffs de-
mand, u anything. admitted 10 be due
or owing, and me amount disputed.
and further, that the afiiaBt verify be-
Ilryes the defendant will be able at the
trial Of the cause 10 produce suhlclent
evidence 10 supprt the plea as 70 the
portion disputed, and that he In advised
such plea shall be accompanied by a
certificate OF counsel that he no advised
A the party making such oath Or anirma-
tion; and u the o-partnsrship or ~.
the suit shall be alleged In the decIa.
ration and the affidavit to By hled
Herewith, as hereinafter provided; or
" there shall he filed with the declara-
ilon in said cause any paper purport.
Ing TO be signed by any defendant
therein, the fact OF such alleged CO.
partnership or incorporation, and the
gsnuineness Of such signature shall be
deemed TO be admitted for the purpose
Of such cause, unless the said affidavit
shall further state that the ahiant
knows. or has good reason TO believe.
Incorporation TO be untrue, or thnt
such signature was not written by or
by the authority OF the person whose
| bknhtuft " puIpOfH 10 De IN cuhe
any part OF the debt or damages claim.
ed be admitted 10 be due, the plaintiff
shall be entitled forthwith TO an entry
Of Judgment therefor, with costs, In
the discretion OF the court, to the time
Of entry OF such judgment; and. " tho
amount so admitted to be due rhaii not
be below the Jurisdlctlon OF the court.
the plaintiff may ut once have execu.
tlOn therefor; and, upon such entry Of
judgment, the plaintiff may Join issue
or reply TO the pleas AZ to such dIBput-
ed portion; and the case shall be pro.
eesded with as 10 such disputed por-
tlon In the same manner aH " the suit
had been originally Instituted for the
| recovery Of the same; and the court
l shall have Jurisdiction as to such dis
putsd portion In all cases where the
| amount originally claimed shall be
| within the Jurisdiction OF the court
but, II either judgment In the case BIZ
below the Jurisdiction Of ths court, no
execution shall Issue on the same; and
70 OF the Code OF Public General Laws
shall apply thereto; yet u the sum OF
| the two Judgments shall equal such
| Jurisdiction, they may then be included
In an execution issued from the court:
| provided. that the court for good cause
shown may, by It's order In writing.
passed NJ any time before Judgment,
| extend the time for fling such pIsas
| and affldavits, which extension shall
suspend. until the expiration thereof.
the plaintiffs right 10 enter Judgment
under this section.
Sec. 1871, The Plaintiff shall not BE-
entitled to q Judgment under the pre-
4 bringing his action he shaif Ole with
his declaration an affidavlt or r,firma-
/ ton stating the true amount the de-
PENDANT In Indebted 20 him, over an,