ART. 4.] CITY OP BALTIMORE. 41

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sue out his writ of inquiry, or otherwise enter up final judg-
ment, according to the course of the court.

11. Every suit where the cause of action is a contract, whether
in writing or not, or whether express or implied, shall stand for
trial or judgment on the first day of the term, or at the return
day next succeeding the entry of the appearance of the defend-
ant, whichever sha.ll first happen, unless the time shall be ex-
tended by the court on cause shown.

12. In any action brought for any of the causes mentioned in
the last preceding section, the plaintiff, if he make affidavit or
affirmation as hereinafter stated, shall be entitled to judgment
on the first day of the term of the court in which said action is
pending, or at the return day next succeeding the appearance
of the defendant, whichever shall first happen or occur, although
the defendant may have pleaded, unless such plea contains a
good defence, and unless the defendant, or some one in his
behalf; shall make oath or affirmation that the said plea is true,
and that he verily believes that he will be able, at the trial of
the cause, to produce sufficient evidence to support the said
plea.

13. The plaintiff shall not be entitled to judgment under
either of the three preceding sections, unless at the time of
bringing his action he shall file with his declaration an affidavit
or affirmation, if he is conscientiously scrupulous as to talcing
an oath, stating the true amount that the defendant is indebted
to him, over and above all discounts, and shall also file the
bond, bill of exchange, promissory note, or other writing or
account by which the defendant is so indebted; and the said
affidavit or affirmation, may be made before any of the persons
who may take art affidavit or affirmation, to authorize the issu-
ing of a foreign attachment, and may be certified in the same
manner.