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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 825   View pdf image (33K)
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8 & 9 W. 3, CAP. 11, COSTS, &c. 835
cient to arrest the final Judgment, or being returned warned, or
upon two Writs of Scire facias it be returned that the Defendant,
his Executors, or Administrators, had nothing whereby to
be summoned, or could not be found in the County, shall make
default, that thereupon a Writ of Inquiry of Damages shall be
awarded, which being executed and returned, Judgment Final
shall be given for the said Plaintiff, his Executors or Adminis-
trators prosecuting such Writ or Writs of Scire facias against
such Defendant, his Executors, or Administrators respectively.
VII. And be it further enacted by the Authority aforesaid,
That if there be Two or more Plaintiffs or Defendants, and
One or more of them should die, if the cause of such Action
shall survive to the surviving Plaintiff or Plaintiffs, or against
the surviving Defendant or Defendants, the Writ or Action
shall not be thereby abated; but such Death being suggested
upon the Record, the Action shall proceed at the Suit of the
surviving Plaintiff or Plaintiffs against the surviving Defen-
dant or Defendants.
VIII. And be it further enacted, That in all Actions, which
from and after the said Five and twentieth Day of March, One
thousand six hundred ninety and seven, shall be commenced
or prosecuted in any of his Majesty's Courts of Record, upon
any Bond or Bonds, or on any Penal Sum for Non-performance
of any Covenants or Agreements in any Indenture, Deed, or
Writing contained, the Plaintiff or Plaintiffs may assign as
many Breaches as he or they shall think fist, and the Jury,
upon Trial of such Action or Actions, shall and may assess, not
only such Damages and Costs of Suit as have heretofore been
usually done in such Cases, but also Damages for such of the
said Breaches so to be assigned, as the Plaintiff upon the Trial
of the Issues shall prove to have been broken, and that the
like Judgment shall be entred on such Verdict as heretofore
hath been usually done in such like Actions; and if Judgment
shall be given for the Plaintiff on a Demurrer, or by Confes-
sion, or Nihil dicit, the Plaintiff upon the Roll may suggest
as many Breaches of the Covenants and Agreements as he
* shall think fit, upon which shall issue a Writ to the 605
Sheriff of that County where the Action shall be brought to
summon a Jury to appear before the Justices or Justice of
Assize, or Nisi prius, of that County, to inquire of the Truth of
every one of those Breaches, and to assess the Damages that the

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 825   View pdf image (33K)
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