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Ordinary Writ of Inquiry in other Cases.
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C. In Default of such Defence or Demurrer, and in case of Judgment for the Plaintiff on Demurrer, when the Plaintiff’s Demand is not for a Debt or liquidated Sum in Money, and where the Amount of Damages sought to be recovered cannot be calculated as aforesaid, it shall be lawful for the Plaintiff to issue a Writ of Inquiry to the Sheriff of the proper County, or other Person thereunto lawfully authorized, and such Inquiry shall be holden at the Chief Town in the County, or such other Place as shall be agreed on between the Sheriff and the Party delivering the Writ to him, who shall have Ten Days Notice in Writing of the Time and Place of holding such Inquiry; and Notice of the holding of such Inquiry shall also be given by the Plaintiff to the Defendant, or if Judgment be given on Demurrer to his Attorney, Ten Days before the holding of same; and the said Writ of Inquiry may be made returnable and be returned on any Day certain in Term or in Vacation, to be named in such Writ, and upon the Return thereof, and without any Rule for Judgment thereon, the Costs may be taxed and Judgment signed and Execution issued forthwith, unless the Sheriff or other Officer before whom such Writ shall be executed shall certify under his Hand upon such Writ that Judgment ought not to be signed until the Defendant or Plaintiff shall have had an Opportunity to apply to the Court to set aside the Execution of such Writ of Inquiry, or unless One of the Judges of the said Superior Courts of Law shall think fit to order the Judgment to be stayed until a Day to be named in such Order; provided that where a Writ of Inquiry shall have been sped before a Judge, the Proceedings from the Finding to issuing Execution shall be the same as in the Case of ordinary Trials at Nisi Prius.
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