132

LAWS OF MARYLAND.

Return

July and October in each year shall be return days for the return

day.

of process in civil cases.

SEC. 16 C. All original writs, writs of executions, 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

Write

the first day of the term, which ever shall first occur after the

when re-
turnable

issue of the same, unless otherwise ordered in writing by the

party directing the same, or his attorney, and on the return of an

original writ, not executed, the same may be renewed, returnable

to the next return day, or to the first day of the succeeding term

which ever shall first occur.

SEC. 16 D. If a defendant be returned summoned and shall

fail to appear, the clerk of the court, shall on the day following the

Appear-

return day to which the writ or process served on him is return-

ance.

able, enter the appearance of any defendant so summoned and

failing to appear, and the action shall proceed in the same man-

ner as if the party had appeared in person.

SEC. 16 E. In all cases when a party is returned summoned to

a return day, or to a term the same proceedings shall be had as are

Rules

now had in said court subject to such rules as the said court may

prescribe, as to pleading and practice, and the cases shall be

entered in their order on the trial docket for the succeeding term.

SEC. 16 F. Every suit in which any defendant shall be returned

summoned except suit on contract as hereinafter provided, shall

Trial

stand for trial or judgment at the term next succeeding the rule

day or term to which said defendant was returned summoned, as

now provided by law, subject to such rules as the court may pre-

scribe as aforesaid.

SEC. 16 G. 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 the rule day or the first day of the term next

Judgment

succeeding the rale day, or the term to which the defendant shall

in default
of suffi-

have been returned summoned, although the defendant may have

cient plea

pleaded, unless such plea contains a good defense, and unless the

defendant or some one in his behalf shall under oath or affirma-

tion, state that every plea so pleaded by the defendant is true,

and shall further state what amount of the plaintiff's demand, if

anything is admitted to be due or owing, and what amount is

disputed; and if co-partnership or incorporation of any of the

parties to the suit, shall be alleged in the declaration and the

affidavit filed therewith and hereinafter provided, or if there shall

be filed with the declaration in said cause, any paper purporting

to be signed by any defendant therein, the fact of such alleged

co-partnership or incorporation, and the genuineness of such