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Upon Death of all the Defendants before Trial.
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CCXVIII. In case of the Death of a sole Defendant or of all the Defendants in Ejectment before Trial, a Suggestion may be made of the Death, which Suggestion shall not be traversable, but only be subject to be set aside if untrue; and the Plaintiffs shall be entitled to Judgment for Recovery of Possession of the Property, unless some other Person shall take Defence within a Time to be appointed for that Purpose by the Order of the Court or a Judge, to be made upon the Application of the Plaintiffs; and it shall be lawful for the Court or a Judge, upon such Suggestion being made, and upon such Application as aforesaid, to order that the Plaintiffs shall be at liberty to sign Judgment within such Time as the Court or a Judge may think fit, unless the Person then in possession, by himself or his Tenant, or the legal Representative of the deceased Defendant, shall within such Time defend the Action; and such Order may be served in the same Manner as the Writ; and in case such Person shall take Defence, the same Proceedings may be taken against such new Defendant as if he had originally appeared and defended the Action; and if no Defence be made, then the Plaintiff shall be at liberty to sign Judgment pursuant to the Order.
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