398 LAWS OF MARYLAND.

be renewed returnable to the next return day or to the first
day of the succeeding term, which ever shall first occur.

36. If a defendant be returned summoned, 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 defendant so sum-
moned and failing to appear, and the action shall proceed
in the same manner as if the party had appeared in person.

37. In all cases wherever a party is returned 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
case shall be entered in their order on the trial docket for the
succeeding term.

38. Every suit in which any defendant shall be returned
summoned, except suit on contract, 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 prescribe as aforesaid.

39. In suits where 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 herein-
after 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 defense, and unless the defendant or some one in his
behalf shall, under oath or affirmation, state that every plea
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-
nership or incorporation of any of the parties to the suit shall
be alleged in the declaration, 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 such alleged copartnership or incorpora-
tion and the genuineness of such signature shall be deemed
to be admitted for the purpose of said cause, unless the affida-
vit, or the defendant, or made in his behalf before provided,
shall further state that the affiant knows or has good reason
to believe such allegation of copartnership or incorporation