§56-4-6. Time for appearance; rule to file declaration; nonsuit
for nonprosecution; damages.
A defendant may appear at the rule day at which the process
against him is returnable, or, if it be returnable in term, at the
first rule day after the return day, and, if the declaration or
bill be not then filed, may give a rule for the plaintiff to file
the same. If the plaintiff fail to do this at the succeeding rule
day, or shall, at any time after the defendant's appearance, fail
to prosecute his suit, he shall be nonsuited and pay to the
defendant, besides his costs, five dollars.