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Writs of Inquiry under the Statute 8 & 9 Will. 3. c. 11. to be executed before the Sheriff, unless otherwise ordered.
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XVI. ‘And whereas it would also lessen the Expence of Trials and prevent Delay if such Writs of Inquiry as herein-after mentioned were executed, and such Issues as herein-after mentioned were tried, before the Sheriff of the County where the Venue is laid;’ be it therefore enacted, That all Writs issued under and by virtue of the Statute passed in the Session of Parliament held in the Eighth and Ninth Years of the Reign of King William the Third, intituled An Act for the better preventing frivolous and vexatious Suits, shall, unless the Court where such Action is pending, or a Judge of one of the said Superior Courts, shall otherwise order, direct the Sheriff of the County where the Action shall be brought to summon a Jury to appear before such Sheriff, instead of the Justices or Justice of Assize or Nisi Prius of that County, to inquire of the Truth of the Breaches suggested, and assess the Damages that the Plaintiff shall have sustained thereby, and shall command the said Sheriff to make Return thereof to the Court from whence the same shall issue at a Day certain, in Term or in Vacation, in such Writ to be mentioned; and such Proceedings shall be had after the Return of such Writ as are in the said Statute in that Behalf mentioned, in like Manner as if such Writ had been executed before a Justice of Assize or Nisi Prius.
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