ART. 11.] CIRCUIT COURT. 1109

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 defence, and unless the de-
fendant, or some one in his behalf, shall", under oath or affirma-
tion, state that every plea as pleaded by the defendant is true,
and shall further state what amount of the plaintiffs demand, if
any, is admitted to be due or owing, and what amount is dis-
puted ; and if the copartnership or incorporation of any of the
parties to the suit shall be alleged in the declaration, and the
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 copartnership or
incorporation, and the genuineness of such signature, shall be

deemed to be admitted for the purpose of said cause, unless the

affidavit of the defendant or made in his behalf, as before pro-
vided, shall further state that the affiant knows, or has good
reason to believe such allegation of copartnership or incorpora-
tion 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 with costs, in full discharge to the action; provided, the
amount so admitted to be due shall not be below the jurisdiction
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 plaintiffs right to enter judgment
under this section; and provided further, that the court may, and
it shall be its duty to pass such rules as may be necessary to carry
out the purposes of sections 65 and 75 of this sub-title of this

Article.

1888, ch. 185.

71. The plaintiff shall not be entitled to judgment under the
preceding sections, unless at the time of bringing his action he