558 ARTICLE 3.

1894, ch. 631. B. Co. C. (1908), sec. 35. 1916, sec. 73. 192S, sec. SO.

80. All original writs of execution, attachments, replevin, ejectment,
scire facias and habere facias, as well as all other writs and process issued
from or returnable to said court in civil cases, shall be made returnable
to the first return day or to the first day of the term, whichever shall first
occur after the issue of same, unless otherwise ordered, in writing, by
the party directing the same or his attorney; and on the return of an
original writ, not issued or served, the same may be renewed returnable
to the next return day or to first day of the succeeding term, whichever
shall first occur.

Griffith v. Adams, 95 Md, 171. Wilhelm v. Mitchell, 131 Md. 358.

1894, ch. 631. B. Co. C. (1908), sec. 36. 1916, sec. 74. 1928, sec. 81.

81. If a defendant be returned summoned, and shall fail to appear,
the clerk of said court shall, on the day following the return 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 pro-
ceed in the same manner as if the party had appeared in person.

1894, ch. 631. B. Co. C. (1908), sec. 37. 1916, sec. 75. 192S, sec. 82.

82. 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 pleading
and practice, and the case shall be entered in their order on the trial
docket for the succeeding term.

1894, ch. 631. B. Co. C. (1908), sec. 38. 1916, sec. 76. 1928, sec. S3.

83. 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 to which said de-
fendant was returned summoned, as now provided by law, subject to
such rules as the court may prescribe as aforesaid.

1912, ch. 385. B. Co. C. (1908), sec. 39. 1916, sec. 77. 1928, sec. 84.

84. In any suit when 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 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
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 the
amount of plaintiff's demand, if any thing, admitted to be due or owing,
and the amount disputed, and further, that the affiant verily believes the
defendant will be able at the trial of the cause to produce sufficient evi-
dance 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 accom-