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16 & 17 CAR. 2, CAP. 8, JEOFAILS. 657 the Plaintiff or Defendant, Demandant or Tenant, Sum or Sums of Money, Day, Month or Year, by the Clerk in any Bill, Declaration or Pleading, where the right Name, Surname, Sum, Day, Month or Year, in any Writ, Plaint, Roll, or Record preceding, or in the same Boll or Record where the Mistake js committed, is or are once truly and rightly alledged, -where- unto the Plaintiff might have demurred and shewn the same for Cause; (10) nor for Want of the Averment of Hoc paratus est verificare: (11) or for Hoc paratus est verificare per Recordum; (12) or for not alledging Prout patet per Re- cordum; (13) or for that there is no right Venue, so as the Cause were tried by a Jury of the proper County or Place where the Action is laid; (14) nor any Judgment after Verdict, Con- fession by Cognovit Actionem, or Relicta verifications, shall be reversed for Want of Misericordia, or Capiatur; (15) or by Reason that a Capiatur is entred for a Misericordia, or. a Misericordia is entred where a Capiatur ought to have been entred; (16) nor for that Ideo concessum est per Curiam is en- tred for Ideo consideratum est per Curiam; (17) nor for that the K Increase of Costs after a Verdict in an Action, or upon 485 a Non-suit in Replevin are not entred to be at the Request of the Party for whom the Judgment is given; (18) nor by Reason that the Costs in any Judgment whatsoever are not entred to be by Consent of the Plaintiff; (19) but that all such Omis- sions, Variances, Defects, and all other Matters of like Nature, not being against the Eight of the Matter of the Suit, nor whereby the Issue or Trial are altered, shall be amended by the Justices or other Judges of the Courts where such Judgments are or shall be given, or whereunto the Record is or shall be re- moved by Writ of Error. II. Provided always, and be it further enacted by the Au- thority aforesaid, That this Act, or any Thing therein con- tained, shall not extend to any Writ, Declaration, or Suit of Appeal of Felony or Murder, nor to any Indictment or Pre- sentment of Felony, Murder, Treason, or other Matter, nor to any Process upon any of them; (2) nor to any Writ, Bill, Ac- tion or Information upon any Penal Statute, other than con- cerning Customs and Subsidies of Tonnage and Poundage; any Thing in this Act contained to the contrary thereof in any wise notwithstanding. |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
| Volume 194, Page 657 View pdf image (33K) |
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