1048 ARTICLE 4.

1864, ch. 6, sec. ! 1886, ch. 184. P. L. L. (1888), Art. 4, sec. 161.

306. After the execution of any writ or other process made returnable
to a return day in either of said courts, the same proceedings may be had
thereupon as if the same had been made returnable, and had been returned
to a term of said court under the practice heretofore existing, except as
hereinafter otherwise provided.

Exemption from service of process in civil actions. A non-resident here for the
sole purpose of attending upon the trial of a case to which he is a party, is exempted
from the service of process in a civil action. But such privilege may be waived or
lost by laches, and must be availed of at proper time by plea or motion.
Poss v. Carnell. Daily Record. January 23, 1894.

1864, ch. 6, sec. 5. 1886, ch. 184. P. L. L. (18S8), Art. 4, sec. 162.

307. If a defendant be returned "summoned," and shall fail to appear,
the clerk of the court on the day following the return day to which the
writ or process served on him is returnable, shall enter the appearance
of any defendant so summoned and failing to appear, and the action shall
proceed in the same manner as if the party had appeared in person.

18S6, eh. 1,84. P. L. L. (1888), Art. 4, sec. 163.

308. When a declaration in any action shall be filed in court, and a
copy thereof delivered to the defendant before the day of the return or
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 a plea shall be entered by the court
or clerk thereof, upon motion in writing made by the plaintiff, or his
attorney, then, or at any time thereafter, before the filing of a plea by
the defendant, unless the court for good reasons shall have granted said
defendant further time to plead; and upon such entry of judgment, the
plaintiff may forthwith sue out his writ of inquiry, or otherwise enter
up final judgment according to the course of the court.

Cooper v. Roche, 36 Md. 563. Cf., Condon v. Gore, 89 Md. 230. rick v. Towers,
152 Md. 336.

The clerk has no authority to enter up a judgment for want of a plea except on
motion therefor by the plaintiff or his attorney.

Griffith v. Graham. Daily Record, July 15. 1891.

Practice—time, election jury trial—rule, Supreme Bench, effect of—mode pre-
senting rule, Court of Appeals.

Baltimore v. Thomas, 115 Md. 212.

1886, ch. 184. P. L. L. (1888), Art. 4, sec. 164.

309. When any action shall be brought upon a titling and the defend-
ant shall have been summoned, the plaintiff shall file his declaration within
fifteen days after the return day to which said defendant had been sum-
moned, or judgment of non pros, may be entered by the court or the clerk
thereof against him for want of a declaration, upon motion in writing
made by the defendant at any time thereafter, unless the court for good
cause shown shall grant further time; but if the plaintiff shall have filed
his declaration in any such action, at any time before the entry of a
judgment of non pros, against him, the defendant shall be required to