182 CITY OF BALTIMORE. [ART. 4.

164. After the execution of any original writ made returnable
to a return day, the same proceedings may be had in the pro-
secution of the said writ as would be proper in case the said
writ had been made returnable and had been returned to a term
of the court.

165. If a defendant regularly returned summoned to appear
at a stated term or return day of the court, shall fail to appear
on the day to which the said writ was returnable, judgment for
his default may, on motion of the plaintiff, be entered against
him, which said judgment shall be stricken out on his appearance
being entered to the action, at any time before the first day of
the term, or first return day thereafter; and if the said defend-
ant shall fail to appear within the time above limited, the party
plaintiff may sue out his writ of inquiry, or otherwise enter
upon final judgment, according to the course of the court.

166. Every suit where the cause of action is a contract,
whether in writing or not, or whether express or implied, shall
stand for trial or judgment on the first day of the term, or at
the return day next succeeding the entry of the appearance of
the defendant, whichever shall first happen, unless the time shall
be extended by the court on cause shown.

167. In any action brought for any of the causes mentioned in
the last preceding section, the plaintiff, if he make affidavit as
hereinafter stated, shall be entitled to judgment on the first day
of the term, or at the return day next succeeding the appear-
ance of the defendant, although the defendant may have pleaded,
unless such plea contains a good defence, and the defendant, or
some one in his behalf, shall make oath that the said plea is true,
and that he verily believes that he will be able at the trial of
the cause to produce sufficient evidence to support the same
plea.

168. The plaintiff shall not be entitled to judgment under
either of ^he three preceding sections, unless at the time of
bringing his action he shall file with his declaration an affidavit
stating the true amount that the defendant is indebted to him
over and above all discounts, and shall also file the bond, bill of
exchange, promissory note, or other writing or account by which
the defendant is so indebted; the said affidavit may be made
before any of the persons who may take an affidavit to authorize