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836 8 & 9 W. 3, CAP. 11, COSTS, &c. Plaintiff shall have sustained thereby; in which Writ it shall be commanded to the said Justices or Justice of Assize, or Nisi prius, that he or they shall make a Return thereof to the Court from "whence the same shall issue, at the Time in such Writ mentioned; and in case the Defendant or Defendants, after such Judgment entred, and before any Execution executed, shall pay unto the Court where the Action shall be brought, to the Use of the Plaintiff or Plaintiffs, or bis or their Executors or Administrators, such Damages, so to be assessed, by reason of all or any of the Breaches of such Covenants, together with the Costs of Suit, a stay of Execution of the said Judgment shall be entred upon Record; or if by reason of any Execution exe- cuted, the Plaintiff or Plaintiffs, or his or their Executors or Administrators shall be fully paid or satisfied all such Dam- ages so to be assessed, together with his or their Costs of Suit, and all reasonable Charges and. Expences for executing the said Execution, the Body, Lands, or Goods of the Defendant, shall be thereupon forthwith discharged from the said Execution, which shall likewise be entred upon Record; but notwithstand- ing in each Case such Judgment shall remain, continue, and be, as a further Security to answer to the Plaintiff or Plaintiffs, and his or their Executors or Administrators, such Damages as shall or may be sustained for further Breach of any Covenant or Covenants in the same Indenture, Deed, or Writing, con- tained, upon which the Plaintiff or Plaintiffs may have a Scire facias upon the said Judgment against the Defendant, or against his Heir, Terre-Tenants, or his Executors or Adminis- trators suggesting other Breaches of the said Covenants, or Agreements, and to summon him. or them respectively to shew cause why Execution shall not be had or awarded upon the said Judgment, upon which there shall be the like proceeding as was in the Action of Debt upon the said Bond or Obliga- tion for assessing of Damages upon Trial of Issues joined upon such Breaches or Inquiry thereof, upon a Writ to be awarded in manner as aforesaid; and that upon Payment or Satisfaction in manner as aforesaid, of such future Damages, Costs, and Charges, as aforesaid, all further proceedings on the 606* said Judgment are again to be stayed, and so toties quo- ties, and the Defendant, his Body, Lands, or Goods, shall be discharged out of Execution, as aforesaid. |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
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