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Application for such trial, when to be made.
Costs of application.
Court may impose terms.
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3. Such application may be made either before or after the ten days notice shall have been given, and before or after such traverse may have been entered for the county or county of a city where the lands are situate, and notwithstanding that such traverse may have been respited from an assizes or term previously to such application; and in case such order shall have been made after the entry of the traverse in the county or county of a city in which the lands are situate, no trial shall be had upon such entry. The said Court may make such order as it may seem fit respecting the costs of such application, or any costs to be incurred by reason of such change of the place of trial or otherwise incidental to such order as aforesaid, and may, in making such order and in respect thereof, impose such terms upon either party as justice may require.
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