THOMAS H. HICKS, ESQUIRE, GOVERNOR,

489

his election have his original writ made return-
able to the next succeeding term or rule day.

SEC. 4. And be it enacted, That on the return
of any writ original not executed, the same may
be renewed returnable to the next term or next
rule day happening thereafter.

Writ may be

renewed.

SEC. 5. And be it enacted, That after the exe-
cution and return of any original writ made re-
turnable to a rule day, the same proceedings may
be had in prosecution of the said writ as would
be proper in case the said writ had been made
returnable and had been returned to a stated
term of the court.

Writs made
returnable.

SEC. 6. And be it enacted, That if a defendant reg-
ularly returned summoned to appear at any stated
term or rule day of the court shall fail to appear
on the day to which the said writ was returnable,
judgment for his default may, on motion of the
plaintiff, be entered against him, which said
judgment shall be stricken out on his appearance
being entered to the action at any time before the
first day of the term or rule day next thereafter ;
and if the said defendant shall fail to appear
within the time above limited, the party plain-
tiff may sue out his writ of inquiry or otherwise,
enter up final judgment according to the course
of the court.

Proceeding In
case of failure
of defendant to
appear.

SEC. 7. And be it enacted, That every suit in-
stituted for recovery of money due on any con-
tract endorsed by writing under the hand of the
defendant for the payment of money, or for goods
or other articles sold and delivered, or for money
had and received by the defendant for the use of
the plaintiff, or lent by the plaintiff to the defend-
ant, or paid by the plaintiff to the use of the de-
fendant, wherein the sum to be recovered is ascer-
tained by the contract, or the measure of damages
is fixed by law, shall stand for judgment on the
first day of the stated term or rule day of the
court next succeeding the entry of the appearance
of the defendant, unless the time shall be enlarged
by a special rule entered in said cause.

Suit institu-
ted shall stand
for judgment.

SEC. 8. And be it enacted, That in any action
brought for any of the causes mentioned in the
last preceding section, the plaintiff shall be enti-
tled to call for judgments aforesaid, notwithstand-
ing any plea pleaded by the defendant, unless

Plaintiff enti-
tled to judg-
ment.