2716 ARTICLE 12.

Act shall apply as well to the first day of each term as to the other return
day herein enumerated.

1910, ch. 624, sec. 29B (p. 874).

53. In any suit, when 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 stated, shall be entitled to judg-
ment, to be entered by the Court or the clerk thereof on motion in writing
at any time after fifteen days from the return day to which the defendant
shall have been summoned, although the defendant may have pleaded,
unless such plea contains a good defense, and unless the defendant or
someone in his behalf shall, under oath or affirmation, state that every
plea so pleaded by the defendant is true; and shall further state the amount
of plaintiff's demand, if anything admitted to be due or owing, and the
amount disputed; and further, that the affiant really believes the defend-
ant will be able, at the trial of the cause, to produce sufficient evidence
to support the plea as to the portion disputed; and that he is advised by
Counsel to file the said plea; and such plea shall be accompanied by a cer-
tificate of counsel that he is so advised that the party making such oath
or affirmation, and if the co-partnership or incorporation of any of the
parties to the suit shall be alleged in the declaration and the affidavit to
be filed therewith, as hereinafter provided; 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 alleged co-partnership, incorporation and
the genuineness of such signature shall be deemed to be admitted for the
purpose of said cause, unless the said affidavit shall further state that the
affiant knows or has good reason to believe such allegation of co-partner-
ship or incorporation to be untrue, or that the signature was not written
by or with the authority of the person whose signature it purports to be.
In case any part of the debt or damages claimed to be admitted to be due,
the plaintiff shall be entitled forthwith to an entry of judgment therefor
with coats, in full satisfaction and discharge of 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
thereupon such proceedings shall be had as are provided by law in other
cases of payment of money into Court; provided, that the Court, for
good cause shown, may by its order in writing passed at any time before
judgment, extend the time for filing such plea and affidavits, which exten-
sion shall suspend until the expiration thereof the plaintiff's rights to enter
judgment under this section.

1910, ch. 624, sec. 29C (p. 875).

54. The plaintiff shall not be entitled to judgment under the preceding
sections unless at the time of bringing his action he shall file with his
declaration an affidavit or affirmation, if the affiant is conscientiously scru-
pulous as to taking an oath, stating the true amount the defendant is in-
debted to him over and above all discounts, and shall also file the bond,