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Right to action or damages proceeded on under said act not taken away.
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XLII. Provided always and be it enacted by the authority aforesaid, that nothing in this act contained shall extend, or be construed to extend, to take away from or to deprive any person or persons of any right of action, or any right to recover damages sustained by such person or persons by any act pretended to be done under the said former recited act, for which any action hath actually been commenced and proceeded upon.
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