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Rule for Costs of not filing Summons and Plaint.
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XXXVIII. In case the Plaintiff shall neglect to file the original or duplicate Summons and Plaint, or Copy thereof, within Two Months after the Service thereof on the Defendant, unless the Time for filing such Summons and Plaint shall have been extended, such Defendant may, on an Affidavit of the Service thereof and a Certificate of no Summons and Plaint, or Copy, filed, enter a Rule that the Plaintiff do file his Summons and Plaint within Four Days after the Service thereof, or pay to the Defendant such Sum as shall be fixed by the Taxing Officer, subject to the Approval of the Three Chief Judges of the said Courts, as and for his Costs occasioned by being served with such Summons and Plaint, and such Order shall be in lieu and stead and have the Effect of a Judgment of Non Pros for not declaring; and in case the Plaintiff shall, after the Entry of such Rule, file his Summons and Plaint, or Copy, he shall pay to the Defendant his Costs occasioned thereby, upon Demand, not exceeding the Sum of One Pound, or in default thereof the Defendant may obtain a Rule for the Payment of such Sum and the Costs of such Rule.
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