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Actions or suits for things done under this act, to commence &c. as herein.
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XXXVIII. And be it enacted, That if any action shall be brought, or suit commenced against any person or persons for, or on account of any matter or thing by him, her, or them done in pursuance of this act, or in relation to any matter or thing herein contained, such action or suit shall be commenced, laid, or brought within six months next after the fact done, and shall be laid in the county of Wexford, or county of Kilkenny, and not elsewhere; and the defendant or defendants in such action or suit, may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this act; and if the same shall appear to have been so done, or if such action or suit shall not be brought within the said time hereby limited, or shall be brought in any city, county, or place, other than as aforesaid, then the jury shall find for the defendant or defendants; and if the plaintiff or plaintiffs shall become non-suited, or suffer a discontinuance of his, her, or their action or actions, or if a verdict or verdicts shall pass against him, her, or them, or if upon demurrer or otherwise judgment shall be given against the plaintiff or plaintiffs, then the said defendant or defendants shall have treble costs, and shall have such and the like remedies for recovery of the same, as any defendant or defendants hath or have for recovery of their costs, where costs are by law given to defendants.
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