Section VIII In Actions on Bonds, &c. Plaintiff may assign as many Breaches as he pleases.

Jury may assess Damages.; In what Case of Judgment for Plaintiff, he may suggest as many Breaches as he pleases;Defendant paying Damages and Costs, Execution may be stayed; but Judgment to remain to answer any further Breach; and Plaintiff may have a Scire facias against Defendant; and so toties quoties.

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 co[m]menced or prosecuted in any of His Majesties Courts of Record upon any Bond or Bonds or on any Penal Su[m]m 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 hee or they shall think fitt and the Jury upon Tryal of such Action or Actions shall and may assesse not onely 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 X1to be assigned as the Plaintiff upon the Tryal 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 Judgement shall be given for the Plaintiffe on a Demurrer or by Confession or Nihil dicit the Plaintiffe upon the Roll may suggest as many Breaches of the Covenants and Agreements as hee shall think fitt upon which shall issue a Writt to the Sheriff of that County where the Action shall be brought to summon a Jury to appeare before the Justices or Justice of Assize or Nisi prius of that County to enquire of the Truth of every one of those Breaches and to assesse the Damages that the Plaintiffe shall have sustained thereby in which Writt it shall be co[m]manded to the said Justices or Justice of Assize or Nisi prius that hee or they shall make a Returne thereof to the Court from whence the same shall issue att the Time in such Writ mentioned and in case the Defendant or Defendants after such Judgem[en]t entred and before any Execution executed shall pay unto the Court where the Action shall be brought to the Use of the Plaintiffe or Plaintiffs or his or their Executors or Administrators such Damages so to be assessed by reason of all or any of the Breaches of such Convenants together with the Costs of Suit a stay of Execution on the said Judgement shall be entred upon Record or if by reason of any Execution executed the Plaintiffe or Plaintiffs or his or their Executors or Administrators shall be fully paid or satisfied all such Damages 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 notwithstanding in each Case such Judgement shall remaine continue and be as a further Security to answer to the Plaintiffe 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 contained upon which the Plaintiff or Plaintiffs may have a Scire facias upon the said Judgement against the Defendant or against his Heire Terre-Tenants or his Executors or Administrators suggesting other Breaches of the said Covenants or Agreements and to su[m]mon him or them respectively to shew cause why Execution shall not be had or awarded upon the said Judgement upon which there shall be the like proceeding as was in the Action of Debt upon the said Bond or Obligac[i]on for assessing of Damages upon Tryal of Issues joyned upon such Breaches or Enquiry thereof upon a Writt 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 said Judgement are again to be stayed and so toties quoties and the Defendant his Body Lands or Goods shall be discharged out of Execution as aforesaid.