The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-04-21
AN IMPORTANT LAW.

Among the very few measures deserving this des
gnation, which were passed at the late session of
the Legislature is the following act, which we pub
ish for the information of members of the bar, and
of persons having business in the Courts to which it
relates
An Act for the dispatch of business IN the Superior
Court and Court Of Common Pleas Of baltimore
city.
SEC. l. Be 1t enacted by the General assembly of
Maryland, That the stated terms of the Superior
Court of Baltimore city shall commence on the I'd
Monday in January, the I'd Monday in May and the
I'd Monday in September, in each and every year
SEC. 2. And be 1t enacted That the I'd Monday in
February March, April, June July, October, No
vember and December, in each and every year shall
be stated Rule days of said Court.
Sec. 3. And be It enacted That hereafter any
party nstitung an action in said Courts NAV at his
election have his original writ made returnable to
the next succeeding term or Rule day.
Sec. And be 1t enacted, That on the return of
any writ original not executed the same may be
newed returnable to the next term, or next Rule
day, happening thereafter.
Sec 5. And be enacted That after the execution
and return of any original writ made returnable 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.
SEC. 6. And he it enacted, That if defendant reg
ularly returned summoned to appear at any stated
term Rule dav of the Court, shall fail to appear
the day to which the said writ was returnable
Judgment for his default may motion of the plain
tiffs be entered against him, which said judgment
shall be stricken out on his appearance being enter
ed to the action at any time before the first day OF
the term Rule day next thereafter and if the said
defendant shall fail to appear within the time above
limited, the party plaintiff may out his writ of
inquiry, or otherwise enter up Judgment according
to the course OF the Court
Sec. I. And be it enacted, That every writ inst
tuted for recovery of money due any contract
evidenced by writing under the hands of the defend
ant, for the payment of money, or for goods, or
other articles sold and delivered, for money had
ana received by the defendant for the of the
plaintiff, 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
tanned by the contract, or the measure of damages
is fixed by law shall stand for Judgment 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
special Rule entered in said cause.
Sec. s. And be 1t enacted, That in any action
brought for any Of the mentioned in the last
preceding section the plaintiff shall be entitled to
call for judgments aforesaid, notwithstanding any
plea pleaded by the defendant unless such plea shall
be verified by the oath affirmation of the defend
ant some on his behalf, that he is advised by
counsel retained in the cause, that the matter of
the said plea constitutes good defence, and that he
verify believes he will be able at the trial of the
cause to produce sufficient evidence in support Of
the said plea
Sec. 8. Prorided nevertheless and be it enacted,
That the plaintiff shall not be entitled to call for
Judgment aforesaid, unless at the time of bring
ing his said action he shall have filed with his dec
aration the paper writing, account stated, other
evidence on which his claim is founded, authentl-
Gated in the usual manner and verified with the
oath or affirmation of the plaintiff said cause of
action is due the of money in the said oath or
affirmation stated to be DUE that and above all
offsets and discounts, and that he is not of
any just cause of defence of the said defendant
against said demands.
SEC. 10. And belt enacted. That the foregoing pro-
visions shall apply to action brought by or against
an executor administrator.
SEC. IL. And be 1t enacted, That writs of execu-
tion issued out of the said Court may be made re
turnable at the election of the plaintiff to the next
succeeding term or Rule day Of the Court.
SEC II. And be 1t enacted, That the provisions of
this act shall extend to actions hereafter instituted
in and writs of execution hereafter issued out OF
the Court of Common Pleas of Baltimore city.