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If Plaintiff in Replevin be non-prossed or nonsuited, Defendant entitled to Judgment and Execution for his Rent.
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CCXXX. If the Plaintiff in any such Action for Replevin of a Distress made for Rent shall be non-prossed for not filing his Summons and Plaint as aforesaid it shall be lawful for the Defendant to file a Suggestion in the Nature of a Plaint for Rent, and praying the Court to inquire the Cause of the Distress; and thereupon, or in case Judgment be given for the Defendant on Demurrer, it shall be lawful for the Court to issue a Writ of Inquiry to the Sheriff of the County wherein the Distress was taken, or to the Master of the Court, to inquire touching the Amount of Rent in arrear at the Time of such Distress being taken, and the Value of the Goods or Chattels distrained, and such Inquiry shall be taken in the Manner herein-before provided upon Judgment by Default; and upon the Return of such Inquisition the Defendant shall have Judgment and Execution to recover against the Plaintiff the Arrears of Rent in case the Goods and Chattels shall amount to the Value, and in case they shall not amount to that Value then for so much as the Value of the said Goods and Chattels shall amount to, with his Costs of Suit in that Behalf incurred; and in case the said Plaintiff shall be nonsuit after Issue joined, or if the Verdict shall be given against the Plaintiff, then the Jurors empannelled to try such Issue shall, at the Prayer of the Defendant, inquire the Amount of the Rent due, and the Value of the Goods and Chattels distrained, and the Defendant shall have Judgment and Execution for such Arrears, or so much thereof as the Value of the Goods and Chattels distrained shall amount unto, together with his Costs of Suit in that Behalf incurred.
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