Section VI In what Case, Plaintiff or Defendant dying before final Judgment obtained, Action not to abate.

Plaintiff, &c. may have a Scire facias against Defendant.; On Execution and Return of Writ of Enquiry, final Judgment given.

And be it further enacted That in all Actions to be commenced 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 Plaintiffe happen to die after an Interlocutory Judgement and before a final Judgement 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 Plaintiffe and if the Defendant die after such Interlocutory Judgement and before final Judgement X1therein obtained the said Action shall not abate if such Action might be originally prosecuted or maintained against the Executors or Administrators of such Defendant and the Plaintiff or if he be dead after such Interlocutory Judgement his Executors or Administrators shall and may have a Scire facias against the Defendant if living after such Interlocutory Judgement or if hee died after then against his Executors or Administrators to shew Cause why Damages in such Action should not be assessed & recovered by him or them and if such Defendant his Executors or Administrators shall appeare att the Returne of such Writt and not shew or alledge any matter sufficient to arrest the final Judgement or being returned warned or upon two Writts of Scire facias it be returned that the Defendant his Executors or Administrators had nothing whereby to be su[m]moned or could not be found in the County shall make default that thereupon a Writt of Enquiry of Damages shall be awarded which being executed and returned Judgement final shall be given for the said Plaintiffe his Executors or Administrators prosecuting such Writt or Writts of Scire facias against such Defendant his Executors or Administrators respectively.