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Final Judgment may be marked where Demand liquidated.
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XCVI. No Rule to compute shall be necessary or used; but where the Plaintiff’s Claim is for a Debt or liquidated Demand in Money, with or without Interest, arising upon a Contract, express or implied, in default of such Defence or Demurrer filed within the Time aforesaid by the Defendant, it shall be lawful for the Plaintiff, on filing an Affidavit of the Service of the Writ of Summons and Plaint in the Manner herein-before prescribed, or of such substituted Service as may be authorized as aforesaid, and of the Notice of filing the Summons and Plaint, if any, and Certificate of no Defence filed, to sign final Judgment in the Form No. 4. in the Schedule B. to this Act annexed, on which Judgment no Proceeding in Error shall lie, for any Principal Sum not exceeding the Sum claimed by the said Writ, with legal Interest thereon, and a Sum for Costs, to be fixed by the Taxing Master of the said Superior Courts, subject to the Approval of the Lord Chief Justice of the Queen’s Bench, and the other Two Chief Judges of the said Courts, unless the Plaintiff claims more than such fixed Sum, in which Case the Costs shall be taxed in the ordinary Way; but no Costs of such Taxation shall be allowed unless the Costs so taxed shall exceed the Sum so settled and approved of; and the Plaintiff may, upon such Judgment, issue Execution: Provided always, that it shall be lawful for the Court or a Judge to let in the Defendant to defend upon such Terms as to such Court or Judge shall seem proper.
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