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Session Laws, 1922
Volume 563, Page 519   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR. 517

all other writs or process issued from or returnable to said
Court, which, under the practice heretofore existing, would
have been returnable to the first day of the term, shall here-

after be made returnable to the first return day after the issue
of the same, or may be made returnable to the second return
day thereafter, if the party by whose directions same was issued
or his attorney shall so request in writing.

159C. On the return of an original writ not executed in
said Court, the same may be renewed returnable to the next re-
turn day thereafter; and, after two returns, any original writ
not executed at two successive return days for which the writ is
issued shall be permitted to he dormant, renewable only on
the written order of the plaintiff or his attorney to such future
return clay as the plaintiff or his attorney may elect; and,
upon a further return if not executed, said writ shall be again
permitted to he dormant, renewable only as aforesaid, the
said plaintiff or his attorney having the right to renew said
writ to as many subsequent return days, under the same mode
of procedure, as may be deemed proper, until the same is
executed.

159D. After the return of any writ or other process made
returnable to a return day, the same proceedings may be bad
thereupon as if the same bad been made returnable, and had
been returned to a term of said Court under the practice here-
tofore existing, except as hereinafter otherwise provided.

159E. If the defendant be returned ''summoned, " and shall
fail to appear, the clerk of the Court on the day following
the return 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 manner as if the party had appeared in person.

159F. 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

summoned 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 clerk
of court 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


 

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Session Laws, 1922
Volume 563, Page 519   View pdf image (33K)
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