3038 ARTICLE 14.

1908, ch. 682, sec. 37C (p. 858).

39. If a defendant be returned summoned, and shall fail to appear,
the clerk of said court shall, on the day following the return day to which
the writ or process served on him is returnable, 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.

1908, ch. 682, sec. 37D (p. 858).

40. In all cases wherever 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 plead-
ing and practice, and the case shall be entered in their order on the trial
docket for the succeeding term.

1908, ch. 682, sec. 37E (p. 859).

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

1908, ch. 682, sec. 37F (p. 859).

42. In suits where the cause of action is a contract, whether in writ-
ing or not, or whether expressed or implied, the plaintiff, if affidavit or
affirmation be made, as hereinafter stated, shall be entitled to judgment,
to be entered by the court or 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 defense and unless
the defendant or some one in his behalf, shall, under oath or affirmation,
state that every plea pleaded by the defendant is true, and shall further
state what amount of the plaintiff's demand, if any, is admitted to be
due or owing and what amount is disputed; and if the co-partnership or
incorporation of any of the parties to the suit shall be alleged in the decla-
ration, affidavit or affirmation filed therewith as hereinafter provided, or if
there shall be filed with the declaration in said causes or at time of
bringing the suit, 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 pur-
pose of said cause, unless the affidavit, or the defendant, as made in his
behalf before provided, 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 written 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 en-
titled to an entry of judgment therefor with costs in full discharge of the
action, provided, the amount so admitted to be due shall not be below