WASHINGTON COUNTY. 4713

defendant so summoned and failing to appear, and the action shall pro-
ceed in the same manner as if the party had appeared in person.

P. L. L., 1888, Art. 22, sec. 63. 1886, oh. 264.

100. 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 cases shall be entered in their order on the trial
docket for the succeeding term.

P. L. L., 1888, Art. 22. sec. 64. 1886. ch. 264.

101. 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 term next succeeding the rule day or term to which said
defendant was returned summoned, subject to such rules as the court may
prescribe as aforesaid.

P. L. L., 1888, Art. 22, sec. 65. 1886, ch. 2,64.

102. 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 stated, shall be entitled to judgment,
to be entered by the court or the clerk thereof, on the rule day or the first
day of the term next succeeding the rule 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 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 copartnership
or incorporation of any of the parties to the suit shall be alleged in the
declaration, and the affidavit filed therewith and hereinafter provided; or
if there shall be filed with the declaration in said cause any paper pur-
porting to be signed by any defendant therein, the fact of such alleged
copartnership 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 copartnership 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 entitled to an entry of
judgment therefor as aforesaid, with coats, in full discharge to the action;
provided, the amount so admitted to be due shall not be below the juris-
diction of the court, or the defendant may pay such admitted part into the
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 pleas and affidavits,
which extension shall suspend, until the expiration thereof, the plaintiff's