LLOYD LOWNDES, ESQUIRE, GOVERNOR. 391

day to which the writ or process served on him is returnable,
shall 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.

308. When a declaration in any action shall be filed in
court, and a copy thereof delivered to the defendant before the
day of the return of the writ, and the defendant shall be sum-
moned before the said day of the return of the writ, he shall
plead before the next succeeding return day, or judgment by -
default for want of a plea shall be entered by the court or clerk
thereof, upon motion in writing made by the plaintiff, or his
attorney, then, or at any time thereafter, before the filing of a
plea by the defendant, unless the court for good reason shall
have granted said defendant further time to plead; and upon
such entry of judgment, the plaintiff may forthwith sue out his
writ of inquiry, or otherwise enter up final judgment according
to the course of the court.

309. When any action shall be brought upon a titling and
the defendant shall have been summoned, the plaintiff shall file
his declaration within fifteen days after the return day to which
said defendant had been summoned, or judgment of non pros.
may be entered by the court or the clerk thereof against him for
want of a declaration, upon motion in writing made by the de-
fendant at any time thereafter, unless the court for good cause
shown shall grant further time; but if the plaintiff shall have
filed his declaration in any such action, at any time before the
entry of a judgment of non pros, against him, the defendant shall
be required to plead to such declaration within the time and
upon the terms prescribed by the rules of the court, or judg-
ment by default may be entered against him as provided by said
rules.

310. Every suit in which any defendant shall be returned
summoned, shall stand for trial or judgment (as against such
defendant) 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