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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 824   View pdf image (33K)
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824 8 & 9 W. 3, CAP. 11, COSTS, &c.
II. And for as much as for want of a sufficient Provision by
Law for the Payment of Costs of Suit, divers evil disposed Per-
sons are encouraged to bring frivolous and vexatious Actions,
and others to neglect the due payment of their Debts: Be it
further enacted by the Authority aforesaid, That if at any time
from and after the said Five and twentieth Day of March, any
Person or Persons shall commence or prosecute in any Court of
Record, any Action, Plaint, or Suit, wherein upon any De-
murrer, either by Plaintiff or Defendant, Demandant or Tenant,
Judgment shall be given by the Court against such Plaintiff or
Demandant, or if at any time after Judgment given for the
Defendant in any such Action, Plaint, or Suit, the Plaintiff or
Demandant shall sue any Writ or Writs of Error to annul the
said Judgment, and the said Judgment shall be afterwards
affirmed to be good, or the said Writ of Error shall be discon-
tinued, or the PIaintiff shall be Nonsuit therein, the Defendant
or Tenant, in every such Action, Plaint, Suit, or Writ of Error,
shall have Judgment to recover his Costs against every such
Plaintiff or Plaintiffs, Demandant or Demandants, and have
Execution for the same by Capias ad satisfaciendum, Fieri
facias, or Elegit.
VI. And be it further enacted, That in all Actions to be com-
menced in any Court of Record, from and after the said Five
and twentieth Day of March, One thousand six hundred ninety
and seven, if any Plaintiff happen to die after an Interlocutory
Judgment, and before a final Judgment obtained therein, the
said Action shall not abate by reason thereof, if such Action
might be originally prosecuted or maintained by the Executors
or Administrators of such Plaintiff; and if the Defendant die
after such Interlocutory Judgment, and before final Judgment.
therein obtained, the said Action shall not abate, if such Action
might be originally prosecuted or maintained against the Execu-tors or Administrators of such Defendant; and the Plaintiff, or,
if he be dead after such Interlocutory Judgment, his Executors,
or Administrators, shall and may have a Scire facias against
604* the Defendant, if living after such Interlocutory Judg-
ment, or if he died after, then against his Executors or Adminis-
trators, to shew Cause why Damages in such Action should not
be assessed and recovered by him or them; and if such Defen-
dant, his Executors, or Administrators, shall appear at the
Return of such Writ, and not shew or alledge any matter suffi-

 
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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 824   View pdf image (33K)
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