PHILLIPS LEE GOLDSBOROUGH, ESQ., GOVERNOR. 1349

Ibid.

95. In all cases when a party is returned summoned to a
return day or to a term, the same proceedings shall be had as
are now had in said court, subject to such rules as the said
court may prescribe, as to pleading and practice, and the eases
shall be entered in their order on the trial docket for the suc-
ceeding term.

Ibid.

96. Eveny suit in which any defendant shall be returned
summoned, except suit on contract, as hereinafter provided,
shall stand for trial or judgment at the term next succeeding
the rule day or term to which said defendant was returned sum-
moned, as now provided by law, subject to such rules as the
court may prescribe as aforesaid.

Ibid.

97. In any suit where the cause of action is a contract,
whether in writing or not, or whether expressed or implied, the
plaintiff, if affidavit or affirmation be made as hereinafter pro-
vided, shall be entitled to judgment, to be entered by the court
or the clerk thereof, on the return day, or the first day of the
term next succeeding the return day, or the term to which the
defendant shall have been returned summoned, although the
defendant may have pleaded, unless such plea contains a good
defence and unless the defendant or some one in his behalf
shall under oath or affirmation, state that every plea so pleaded
by the defendant is true, and shall further state what amount
of the plaintiff's demand, if anything, is admitted to be due
or owing, and what amount is disputed; and if the co-partner-
ship or incorporation of any of the parties to the suit shall be
alleged in the declaration, and the affidavit filed therewith and
hereinafter provided for, or if there shall be filed with the
declaration in said cause any paper purporting to be signed by
any defendant therein, the fact of such alleged co-partnership
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 affiant knows or
has good reason to believe, such allegation of co-partnership or
incorporation to be untrue, or that such signature was not writ-
ten 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 an
entry of judgment therefor, as aforesaid, with costs, in full
discharge of the action, provided the amount so admitted to be
due shall not be below the jurisdiction of the court; or the
defendant may pay such admitted part into court, and there-