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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 671   View pdf image (33K)
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17 CAR. 2 CAP. 8, JUDGMENT. 671
In case of nonsuit after issue
Under Stat. 17 Car. 2, ^
At common law,
joined:
same as in case of verdict; the jury who
were impanelled, find, &c.
same as in demurrer; but goods not irre-
plevisable.

 
"•Although the term "full costs" is used in the Statute, these words 495
have been held to mean only ordinary costs, and consequently, under it,
the defendant is not entitled to the costs of making the distress, as costs,
the Court saying that, under this Act, there is no power to indemnify the
defendants against the costs of making the distress. They did not become
costs until the passage of the Act of 11 Geo. 2, c. 19, sec. 22; Jamieson v.
Trevelyan, 10 Exch. 748.
It has been said above that the Statute is confined to rents. Therefore a
distress for a penalty under a demise is not within the Statute; aliter, if
the defendant had avowed for a penal or additional rent, Pollitt v. For-
rest, 11 Q. B. 949.
CAP. VIII.
An Act for avoiding unnecessary Suits and Delays.
For the Avoiding of unnecessary Suits and Delays, Be it
enacted by the King's most excellent Majesty, by and with
the Advice and Consent of the Lords Spiritual and Temporal.
and the Commons in this present Parliament assembled, and
by Authority of the same, That in all Actions Personal and
Real, or Mixt, the Death of either Party between the Verdict
and the Judgment, shall not hereafter be alledged for Error;
so as such Judgment be entred within two Terms after such
Verdict.
II. And be it further enacted by the Authority aforesaid,
where any Judgment after a Verdict shall be had, by or in the
Name of any Executor or Administrator; in such Case an Ad-
ministrator de bonis non may sue forth a Scire facias, and take
Execution upon such Judgment.
III. This Act to continue for the Space of five Years; and
from thence to the End of the next Session of Parliament.
Made perpetual 'by 1 Jac. 2, cap. 17, sect. 5.
I. Death of either Party between the Verdict and Judgment.
II. Judgment obtained by an Executor. Yelv. 133. 1 Salk. 323.
III. The Continuance of this Act.

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 671   View pdf image (33K)
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