|
|
Dismiss not to be renewed till affidavit made.
|
141. No dismiss shall be at any time renewed until the defendant who shall have obtained the same, or one of the defendants, if there shall be more than one defendant, or, in case of the death of a sole defendant, then his or her personal representatives, or one of them, and, in case of more than one defendant, the surviving defendant, or one of the representatives of a deceased defendant, shall have made affidavit, in like manner and form, mutatis mutandis, as is herein-before provided in the case of renewing a decree; which affidavit so sworn and signed by and with the name or mark of the person so swearing it, as well where the party shall seek to renew a decree as a dismiss, shall be written or printed on the same piece of paper with the renewal of the said decree or dismiss, filled and prepared for the said assistant barrister to sign; and when such affidavit shall have been sworn the said assistant barrister shall sign his name thereto, testifying that the same was sworn before him in open court; and the said assistant barrister shall and may then renew such decree or dismiss (by signing such renewal) for the whole original sum and costs, if the whole shall be due, or for such sum as shall be sworn or affirmed to remain due, as the case shall happen, together with the costs of such renewal; and thereupon the said affidavit shall be separated from the said renewal, and shad be delivered to the clerk of the peace for the county or his deputy, and shall be kept among the records of the county.
|
