530 PLEADINGS, PRACTICE AND PROCESS. [ART. 75.

refuse to order a return to the defendant until a judgment is
given in the action.

60. If the defendant in replevin shall be returned "summoned,"
and shall not appear, in person or by attorney, on or before the
fourth day of the term next succeeding that to which such
return shall be made, the court shall on motion enter judgment
for the plaintiff for the property replevied, and for nominal
damages and costs; and the same proceedings shall be had upon
the return of two " non ests" as upon a return of " summoned."

61. Upon the allowance of any writ of certiorari for the re-
moval of the proceedings by a justice of the peace, between land-
lords and tenants, and also in all cases of inquest for a forcible entry
and detainer, or a forcible detainer, the party obtaining the said
writ of certiorari, shall give bond with security to the opposite
party, to be approved by the judge or clerk of the court allowing
the writ, in such penalty as the said judge or clerk shall direct,
conditioned for the payment of all costs and damages that may
be incurred or suffered by the delay of the proceedings, if the
matter in controversy upon such writ shall be decided against
the person obtaining the same.

62. When an interlocutory judgment is entered in any of the
courts of this State, whereby the right of the plaintiff is esta-
blished, but the damages sustained by him cannot be ascertained
without the intervention of a jury, the court where judgment
is given shall, on motion of the plaintiff or of his attorney, make
an order in the nature of a writ of inquiry, to charge the jury
attending at -the same or at the next term, to inquire of the
damages and costs sustained by the plaintiff in such action;
which said inquiry shall be made, and the evidence given in
open court, in the same manner and under the same regulations
as in other jury trials; and after the said jury charged as afore-
said shall have considered thereof, they shall forthwith return
their inquisition under their hands and seals, and thereupon tho
court shall proceed to judgment, as upon inquisitions of that
kind returned by the sheriff.

63. In all cases of actions brought for the penalty of any
bond, bill, covenant or contract with penalty, the jury may,
under the direction of the court, upon the plea of payment or
performance of the conditions or terms of the contract, ascertain
and by their verdict find what sum of money is really and justly