14

LAWS OF MARYLAND.

filed with the clerk of the court from which said
original writ was issued, be entered by the said court
or by the said clerk against the said defendant ;
which said judgment shall be stricken out on his
appearance being entered to the action at any time
before the first return day thereafter; ,and if the
said defendant shall fail to appear within the time
above limited, the party plaintiff may sue out his
writ of inquiry, or otherwise enter upon final judg-
ment, according to the course of the court.

Shall stand
for trial.

Sec. 6. Every suit where the cause of action is a
contract, whether in writing or not, or whether
express or implied, shall stand for trial or judg-
ment on the first day of the term, or at the return
day next succeeding the entry of the appearance
of the defendant, whichever shall first happen, un-
less the time shall be extended by the court on
cause shown.

Plaintiff enti-
tled to judg-
ment.

Sec. 7. In any action brought for any of the
causes mentioned in the last preceding section, the
plaintiff, if he make affidavit or affirmation as
hereinafter stated, shall be entitled to judgment
on the first day of the term of the court in which
said action is pending, or at the return day next
succeeding the appearance of the defendant, which-
ever shall first happen or occur, although the de-
fendant may have pleaded, unless such plea con-
tains a good defence, and unless the defendant, or
some one in his behalf, shall make oath or affirma-
tion that the said plea is true, and that he verily
believes that he will be able, at the trial of the
cause, to produce sufficient evidence to support the
said plea.

Plaintiff not
entitled to
judgment.

Sec. 8. The plaintiff shall not be entitled to
judgment under either of the three preceding sec-
tions, unless at the time of bringing his action he
shall file with his declaration an affidavit, or af-
firmation, if he is conscientiously scrupulous as to
taking an oath, stating the true amount-that the
defendant is indebted to him, over and above all
discounts, and shall also file .the bond, bill of ex-
change, promissory note, or other writing or ac-
count by which the defendant is so indebted; and
the said affidavit, or affirmation, may be made be-
fore any of the persons who may take an affidavit,
or affirmation, to authorize the issuing of a foreign