| Volume 194, Page 895 View pdf image (33K) |
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4 ANN. CAP. 16, AMENDMENT OF THE LAW. 895 murrer and Pleadings, so as sufficient Matter appear in the said Pleadings, upon which the Court may give Judgment ac- cording to the very Eight of the Cause; and therefore from and after the said first Day of Trinity-Term, no Advantage or Ex- ception shall be taken of or for an immaterial Travers; or of or for the Default of entring Pledges upon any Bill or Declaration; or of or for the Default of alledging the bringing into Court auy Bond, Bill, Indenture or other Deed -whatsoever mentioned in the Declaration or other Pleading; or of or for the Default of alledging of the bringing into Court Letters Testamentary, * or Letters of Administration; or of or for the Omission 660 of Vi & Armis & contra pace in, or either of them; or of or for the want of Averment of Hoc paratus est verificare, or Hoc paratus est verificare per Recordum; or of or for not alledging prout patet per Recordum; but the Court shall give Judgment according to the very Eight of the Cause, as aforesaid, without regarding any such Imperfections, Omissions and Defects, or any other Matter of like Nature, except the same shall be spe- cially and particularly set down and shewn for Cause of De- murrer. II. And be it further enacted by the Authority aforesaid, That from and after the said first Day of Trinity-Term, all the Statutes of Jeofails shall be extended to Judgments which shall at any time afterwards be entred upon Confession, Nihil dicit, or non sum informatus, in any Court of Record; and no such Judgment shall be reversed, nor any Judgment upon any Writ of Enquiry of Damages executed thereon be staid or reversed for or by reason of any Imperfection, Omission, Defect, Matter or Thing whatsoever, which would have been aided and cured by any of the said Statutes of Jeofails in case a Verdict of twelve men had been given in the said Action or Suit, so as there be an Original Writ or Bill, and Warrants of Attorney duly filed according to the Law as is now used. IV. And be it further enacted by the Authority aforesaid, That from and after the said first day of Trinity-Term it shall and may be lawful for any Defendant or Tenant in any Action or Suit, or for any Plaintiff in Replevin in any Court of Record, with the leave of the same Court, to plead as many several Matters thereto as he shall think necessary for his Defence. VII. Provided always, and be it enacted by the Authority aforesaid, That nothing in this Act before contained, shall |
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| Volume 194, Page 895 View pdf image (33K) |
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