Page:Ruffhead - The Statutes at Large - vol 8.djvu/532

 498 C. 31. Anno tricefimo tertio Georgii II. A. 0.1750, and a Jury thereupon fliall be fummoned to af- feh the Damages and Colls, and Judgment and Exe- cution awarded. Plaintiff" not declaring upon the Detendam's appearing, or not procecdinf to Trial, or being nonl'ait- Cd, &c. Court to award De- fendant Colb, Plaintiff may notvith- ilanding renew his Suit. 10 Days Notice of Trial to be given to Defendant, and Copy thereof to be left with the Steward of the Court. Plaintiff not being tcfiaot, Plaint, Suit or A£Hon fhall have been fo entered or commenced, and fuch Proceedings had as aforefaid, or his Deputy, and the faid Steward and his Deputy is and are hereby required upon the Prayer of the Plainti J or PlaintifFs in fuch Plaint, Suit or Action, to impanel a Jury or Ho- mage of twelve Perfons, from among the Suitors or Homagers then attending fuch Court; and fuch Jury or Homage fo impanelled, (hall be in Nature of an Inqueft to inquire, an J {hall accordingly inquire, or make Inouifition upon their Oath, by all fuch lawful Way^i and Means as the Aurora or Homagers of the fame Court may do upon a Trial of any Iliue therein, what Damages thet'iain- tiff or PlalntilFs in fuch Plaint, Suit or Adion, hath or have fuftained by reafon of the Defendant or Defendants Non-payment of the Debt, or Non-performance of the Premifles mentioned in the Plaintiff or Plaintiffs Declaration, or by reafon of any other Matter or Thing, in refpedt whereof fuch Plaint fhall have been entered, or fuch Suit or Aition fhall have been commenced as afore- faid ; and fuch Jury or Homage fliaH and nay on fuch Inqueft or Inqulfition, affefs the Plaintiff or Plaintiffs fuch Damages and Cofts of Suit as fhall be juftj upon which Inqueft found, or Inquifi-, tion had, and Damages affeffcd, final Judgment fhall be entered, and Execution had and awarded ' in fuch Manner as the Circumftances of the Cafe fliall require. * XII. And be^it further enabled. That if any Perfon or Perfons fhall by virtue of this Acl be at any Time or Times hereafter fummoned to -appear in either of the faid Courts Baron upon any Suit, Plaint or A6iion whatfoever, and the Perfon or Perfons fo fummoned fhall have appeared ac- cordingly, then if the Plaintiff or Plaintiffs who fhall fo have entered fuch Plaint, or commenced fuch Suit or A£lion, fhall not declare againft fuch Perfon or Perfons fo fummoned at the next Court after fuch Appearance ; or if the Plaintift' or Plaintiffs fhall have declared, and the Defendant or Defendants fhall have pleaded an iffuable Plea; then in cafe the Plaintiff or Plaintiffs in fuch Plaint, Suit or Action, fhall not proceed to Trial within two Courts held next after the pleadinK fuch iffuable Plea; or if the Plaintiff or Plaintiffs fhall difcontinue his or their A6tion, or be non- fuited, or a VerdicSl given againft him or them, and Judgment fhall be thereupon entered againft him or them in fuch Plaint, Suit or Adion ; then and in any of the Cafes aforefaid it fhall and may be lawful to and for fuch of the faid Courts in which fuch Plaint fliall have b -en fo en- tered, or Suit or Adion commenced as afoiefaid, to award the faid Defendant or Defendants fo furr.moned as aforefaid, his or their Cofts of Suit in refped of the Premiffes : And thereuixwi Exe- cution fhall be awarded by the faid Courts refpedively, for fuch Sum and Sums of Money as f^iall be awarded for Cofts as aforefaid againft the Plaintiff or Plaintiffs in fuch Plaint, Suit or Atftion • and the fame Sum and Sums of Money for which fuch Execution fhall be fo awarded, fhall b^ pajd* recovered, levied, and attached on fuch Plaintiff or Plaintiffs awarded to pay the fame, or on his or their Goods and Chattels, by any fuch Proceffes out of the faid refpedive Courts, or by any fuch other Ways or Means as any Sum or Sums of Money is or are hereby or herein after dixeded tp be levied and recovered by Force and V^irtue of this Ad. XIII. Provided always, That nothing herein contained fhall extend to difable the Plaintiff or Plaintiffs in any Plaint, Suit or Adion, who fhall not have duly profecuted his Plaint, Suit or Adion, or fhall difcontinue the fame, or fhall be nonfuited therein, from entering any new Plaint or commencing any new Suit or Adion for the fame Debt or Damages fox which his or their ori- ginal Plaint, S^iit or Adion was entered or commenced. XIV. And be it enaded. That ten Days Notice of Trial, and of taking Inquifitions in the Nature of Writs of Inquiry at Common Law (except as to the alTeffmg of Damages at the Court whereat Judgment fhall be figned as aforefaid) fliall be given in Writing to the Defendant or Defendants in every Plaint, Suit or Adion depending in the laid refpedive Courts Baron, or to be left at his or their Dwelling-houfe or Place of Abode; and that a Copy thereof fhall be left with the Steward of the Court, in which fuch Plaint, Suit or Adion fhall be entered or commenced, or his Deputy, ten Days before the Court at which fuch Plaint, Suit or Adion is intended to be tried, or fuch Inquifition taken. ' profecuted, within the Jurifdidions of the faid Courts Baron refpedively, and the Perfon or ' the Advantage of the Inhabitants of the faid Hundred and Manor, and promote ufeful Credit, to ' provide a Remedy for the Cofts of Suit of any Defendant or Defendants who iliall be fucd at the •• their Plaint, Suit or Adion, or difcontinue the fame, or become nonfuit in any fuch Plaint, be minded to enter any Plaint, or commence any Suit or Adion, againft any Perfon or Perfons for any Debt, Matter or Thing whatfoever in either of the faid Courts, and fuch Perfon or Perfons, Plaintiff or Plaintiffs, fhall not r^fide within the Jurifdidion of the Court in which he or tney fhall be fo minded to enter fuch Plaint, or commence fuch Adion ; or in cafe any Plaintiff or Plaijuiffs having entered his or their Plaint, or commenced any Suit or A6tion in either of the faid Courts, Ihall, pending ti-'.e fame, depart or withdraw himfelf or themfelves from fuch Jurifdidion ; ih-^n and m cuhei uf the faid Cafesj he or they fhall^ at the Tioic of his or their entering fuch Plaint, or
 * XV. And whereas Caufes of Adion may frequently arife, and be proper and convenient to be
 * Perfons to whom any fuch Adion or Adions fhall accrue, may not live or refide within the fame j
 * or it may happen that the Perfon or Perfons having entered his or their Plaint, or commenced his
 * or their Suit or Adion within the faid Courts refpedively, may, pending fuch Adion or Adions,
 * depart or withdraw himfelf or themfelves from fuch refpedive Jurlfdiitions ; and it will tend to
 * Suit of any fuch Perfon or Perfons as aforefaid, in cafe he or they fhall not duly profecute his or
 * Suit or Adion, or in cafe a Verdid fliall be given, and Judgment thereupon entered againft the
 * Plaintiff or Plaintiffs therein j' Be it therefore enaded. That when any Perfon or Pc:fon.s fhall