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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 584   View pdf image (33K)
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584 7 JAC. 1, CAP. 5, GENERAL ISSUE.
shall not nave costs, and if a repleader be awarded neither party has costs,
Corn. Dig. Costs, A. (6.) If there are several defendants who succeed in
the action, the plaintiff may pay costs to which of them he pleases,
Jordan v. Harper, 1 Str. 516. And if one of several defendants pleads a.
plea which goes to the whole declaration and shews that the plaintiff had
no cause of action, and it is found for that defendant, he shall have his
costs, and though judgment by default may have been entered against
another defendant, yet he shall have the benefit of the bar and not pay the-
434 plaintiff's costs,* Tidd Prac. 985-6; and see Gambrell v. Earl Fal-
mouth, 5 A. & E. 403. It seems that if several defendants appear severally,
if the plaintiff be nonsuited for a default in his declaration, the defendants
are entitled only to the costs of one nonsuit. Corn. Dig. Costa, A. (5).
Where a case is entered agreed or settled, each party with us pays his.
own costs, and in such cases the proceedings are not recorded.
STATUTES
Made at WESTMINSTER, Anno Regni JACOBI, Regis Angliae, &c.
septimo, & Scotiae quadragesimo tertio and A. D. 1609.
CAP. V.
An Act for Ease in pleading troublesome and contentious Suits prose-
cuted against Justices of the Peace, Mayors, Constables and certain other
his Majesty's Officers, for the lawful Execution of their Office.
For Ease in pleading against many causeless and contentious
Suits which have been, and daily are commenced and prosecuted
against Justices of Peace, Mayors or Bailiffs of Cities and
Towns Corporate, Headboroughs, Port-Reves, Constables, Tith-
ingmen, Collectors of Subsidies and Fifteens, who for due
Execution of their Office have been troubled and molested, and
still are like to be troubled and molested by evil-disposed con-
tentious Persons, to their great Charge and Discouragement in
doing of their Offices: (2) Be it therefore enacted by our Sov-
ereign Lord the King, and by the Lords Spiritual and Tem-
poral, and Commons in this present Parliament assembled, and
by the Authority of the same, That if an Action, Bill, Plaint
or Suit upon the Case, Trespass, Battery or false Imprison-
ment shall be brought, after forty Days next after the End of
this Session of Parliament, in any of his Majesty's Courts at

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 584   View pdf image (33K)
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