If the defendant appear, the plaintiff must file a declaration ; otherwise upon the return of scire feci, or two successive returns of nihil, he is intitled to sign judgment immediately. 2 Tidds’ Pr. 1040. Com. Dig. Pleader, 3 L. 8, 9. in practice the cases are sometimes placed on the docket, and orders for reviving judgment are made as of course ; but no useful purpose is answered by it, and it is quite unnecessary.

Motion to reverse the decision of Mr. Justice Earle, at Lancaster, Spring Term, 1831, refused.