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Defendants may plead general issue, or avow generally and give the matter in evidence,
and have double costs on nonsuit. &c.
and if replevin, recovery of distress.
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XXV. And be it enacted by the authority aforesaid, That if any action or suit shall be commenced, or any replevin shall be brought against any person for taking of any distress, making of any sale, or doing any other thing by authority of this act, or of any other act of Parliament relating to the said city, the defendant or defendants, avowant or avowants, or others making conusance in such action, suit, or replevin, may either plead the general issue or otherwise make avowry, conusance, or justification generally, that the said distress, sale, trespass, or other thing, whereof the plaintiff or plaintiffs shall complain, was taken, made, or done by authority of this act, or of such other act of Parliament as aforesaid, and shall and may give this or such other act of Parliament and the special matter in evidence at any trial thereupon, and that the said distress or other matter or thing, for which such action, suit, or replevin shall be so brought, was taken or done in pursuance and authority of this act, or of such other act of Parliament as aforesaid; and in case that the plaintiff or plaintiffs in such action, suit, or replevin, shall discontinue his, her, or their said suit or replevin, or be nonsuited, or the defendant or defendants, avowant or avowants, or person or persons so making conusance or justifying, shall obtain judgment against the said plaintiff or plaintiffs on verdict, demurrer, or by default, that such defendant, avowant, or person making conusance, or justisying, shall recover double costs of suit, and shall have such remedy for recovery of the same, as any defendant may have by law for costs in any other cause; and, if the plaintiffs shall have proceeded by way of replevin, shall also have judgment for recovery of the distress taken.
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