ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

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SEC. 40C. If a defendant be returned summon-
ed, and shall fail to appear, the clerk of said
court shall, on the day following the return day
to which the writ or process served on him is
returnable, enter the appearance of any defend-
ant so summoned, and failing to appear, and the
action shall proceed in the same manner as if the
party had appeared in person.
SEC. 40D. In all cases when a party is returned,

Duty of clerk.

summoned to a return day, or to a term, the same
proceedings shall be had as are 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. 40E. Every suit in which any defendant

Proceedings-
— how made.

shall be returned summoned, except suit on con-
tract, as hereinafter provided, shall stand for
trial or judgment at the next term succeeding
the return 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. 40F. In suit where the cause of action is
a contract, whether in writing or not, or whether

When to stand
for trial.

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 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
defendant, or some one in his behalf, shall,

Who entitled
to judgment.

under oath or affirmation, state that every plea
is pleaded by the defendant is true, and shall
further state what amount of the plaintiff's
demand, if any, is admitted to be due or owing,
and what amount is disputed ; and if the copart-
nerships 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

What to state.