ART. 4.] CITY OF BALTIMORE.

389

164. After the execution of any original writ
made returnable to a return day in either of the
said courts, the same proceedings may be had in
the prosecution of the said writ as would be proper
in case the said writ had been made returnable,
and had been returned to a terra of the court from
which the same was issued.

Ibid s 4.
Same proceed-
ings when
returned at
return day as
at term.

165. If a defendant regularly returned summoned
to appear at a stated term or a return day of the
court from which the original writ was issued, shall
fail to appear on the day to which the said writ was
returnable, judgment for his default may, on motion
of the plaintiff made in writing, and filed with the
clerk of the court from which said original writ was
issued, be entered by the said court or by the said
clerk against the said defendant; which said judg-

Ibid 9 5.
Judgment by
default, when
to be given.

ment shall be stricken out on his appearance being
entered to the action at any time before the first re-
turn day thereafter ; and if the said defendant shall
fail to appear within the time above limited, the

When to be
Struck out.

party plaintiff may sue out his writ of inquiry, or
otherwise enter up final judgment, according to the
course of the court.

Writ of inquiry.

166. Every suit where the cause of action is a con-
tract, 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 suc-
ceeding the entry of the appearance of the defendant,
whichever shall first happen, unless the time shall be
extended by the court on cause shown.

Ibid. c. 6.
Trial term,
when.

167. In any action brought for any of the causes
mentioned in the last preceding section, the plain-
tiff, 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 pend-
ing, or at the return day next succeeding the appear-
ance 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

Ibid c 7.
Plaintiff, how
and when enti-
tled to judg-
ment.