ART. 4.] COURTS. 843

terms prescribed by the rules of the court, or judgment by de-
fault may be entered against him as provided by said rules.

1886, ch. 184.

165. Every suit in which any defendant shall be returned
summoned, shall stand for trial or judgment (as against such de-
fendant) at the return day next succeeding the day to which he
has been summoned; provided, the declaration shall have been
filed in court, and a copy thereof shall have been served on the
defendant, or his attorney, at least fifteen days before said return
day; and all such suits in which final judgment is not entered
on that day, shall then be put at the end of the trial calendar of
the court in which they are brought, in the order in which they
were instituted in said court, and shall be finally disposed of as
far as possible when reached in their regular course.

Ibid.

166. In all cases in which a party by law would b"e entitled
to a continuance, the court may, instead of continuing the cause
to the next term, postpone the same for thirty days, or such other
period as will best subserve the interests of justice.

Ibid.

167. In any suit, when 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 motion in writing at any time after fifteen days
from the return day to which the defendant shall have been sum-
moned, although the defendant may have pleaded, unless such
plea contains a good defence, 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 anything, 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 evidence to support the plea as to the por-
tion disputed, and that he is advised by counsel to file the said
plea; and such plea shall be accompanied by a certificate of