|
|
Judgment by Default for Want of Defence.
|
CCI. In case no Defence be filed within the Time appointed, or if the Defence filed be limited to Part only, the Plaintiff shall, on filing an Affidavit of the Service of the Summons and Plaint, be at liberty to sign a Judgment that the Plaintiffs shall recover Possession of the Land, or of the Part thereof to which the Defence does not apply; and such Judgment, if for all, may be in the Form No. 18. contained in the Schedule B. to this Act annexed, or to the like Effect, without any Award of Costs, but without Prejudice to the Plaintiff’s Right to have the Costs taxed by the proper Officer, and to proceed by Action for Recovery of Mesne Rates and Costs, or either of them; and the said Judgment for Part may be in the Form No. 19. contained in the said Schedule B. to this Act annexed, or to the like Effect; and a Memorandum of such Judgment shall be recited in the Abstract for Nisi Prius or Judgment thereafter to be made up.
|
