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Section VIII In Actions for executing Act,

Original text. Later amendments are not shown.

General Issue may be pleaded; Full Costs.

And be it further enacted by the Authority aforesaid That if any Action Bill Plaint or Suit upon the Case Trespass Battery or other Action whatsoever shall be brought against any Commissioner or Commissioners or any Persons authorized X1by this present Act or against any Person or Persons authorized by from or under them or any of them for or concerning any Matter Cause or Thing by them or any of them done by virtue of or in pursuance of the Authority committed to him or them by this present Act or the Authority thereof and all others that in their Aid or Assistance or by their Commandment shall do any thing touching or concerning his or their Office or Offices it shall and may be lawfull to and for them and every of them to plead the Generall Issue that they are not guilty (except in case of Replevin and in case of Replevin to plead non cepit or to that effect) and to give such Speciall Matters in Evidence to the Jury which shall try the same which speciall Matters being pleaded had been good and sufficient Matter in Law to have discharged the said Defendant or Defendants of the Trespass or other Matters laid to his her or their Charge and that if the Verdict shall passe with the Defendant or Defendants in any such Action or Actions or the Plaintiff or Plaintiffs become Nonsuit or suffer any Discontinuance thereof that in every such Case the Justice or Justices or other Judge before whom the said matter shall be tryed shall by force and virtue of this Act allow unto the Defendant or Defendants his or their full Costs which he or they shall have sustained by reason of his or their wrongfull Vexation in Defence of the said Action or Suite for which the said Defendant or Defendants shall have their Remedy as in other Cases where Costs by Law are given to Defendants.

Annotations

Editorial notes

X1

interlined on the Roll.