HENRY LLOYD, ESQUIRE, GOVERNOR

dant, or his attorney, at least fifteen days be-
fore said return day; and all such suits in

307

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 in-
stituted in said Court, and shall be finally dis-
posed of as far as possible when reached in
their regular course.

169. In all cases in which a party, by law,
would be entitled to a continuance, the Court

Proviso.

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.

170. 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

Postponement.

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 summoned, 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 de-
fendant is true, and shall further state the

Entitled to a
judgment.

amount of the 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 said plea as to the portion dis-
puted, and that he is advised by counsel to
file the said plea; and such plea shall be ac-
companied by a certificate of counsel that he
so advised the party making such oath or
affirmation; and if the copartnership or incor-
poration of any of the parties to the suit shall
be alleged in the declaration and the affidavit
to be plead therewith, or hereinafter provided,

Under Oath.