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Order for Costs for not proceeding to Trial.
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CVI. The Plaintiff shall proceed to Trial within Three Terms from that in which, or the Vacation of which, the Defence or other subsequent Pleading is filed; and in default thereof the Defendant may enter a Rule that the Plaintiff do proceed to Trial at the Assizes or Sittings next after the Expiration of Twenty Days from the Service of such Rule, and that in default the Defendant shall be dismissed with his Costs of the Suit; and if the Plaintiff neglects to proceed to Trial in pursuance thereof, the Defendant, on filing an Affidavit of the Service of such Rule, and that the Plaintiff has failed to proceed to Trial in pursuance thereof, may enter a peremptory Order for the Payment of his Costs of the Suit, which Order shall be in lieu and shall have the Effect of a Judgment as in case of a Nonsuit; and the Defendant on producing such Order shall have the Pleadings in the Cause removed into the Office of the Master of the Court for the Purpose of having Execution thereon, and shall have Execution accordingly; provided, however, that the Court or a Judge shall have Power to extend the Time for proceeding to Trial, with or without Terms.
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