Page:Letters Patent, Establishing a Supreme Court of Judicature, at Fort-William, in Bengal.pdf/28

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order ſuch Coſts as aforeſaid; and if Judgment ſhall in ſuch Caſe paſs for the Plaintiff, the ſaid Supreme Court of Judicature, at Fort-William in Bengal, is hereby authorized and empowered to award and iſſue a Writ to the faid Sheriff, to be prepared in Manner above-mentioned, commanding him to ſell the ſaid Houſes, Lands, Goods, Effects and Debts, ſo ſeized and fequeſtered, and to make Satisfaction, out of the Produce thereof, to the Plaintiff, for the Duty ſo recovered, and his Coſts, and to return the Overplus, if any there be, after ſatisfying the ſaid Judgment and Coſts, and the Expences of the ſaid Sequeſtration, to ſuch Perſon, in whoſe Poſſeſſion the ſaid Effects were ſeized, or otherwiſe to reſerve them for the ſaid Defendant, as Occaſion ſhall require; and if ſuch Effects ſhall not be ſufficient to produce the Sum ſo to be recovered, and the ſaid Coſts, the ſaid Supreme Court of Judicature, at Fort-William in Bengal, is further empowered to award and iſſue ſuch Proceſs of Execution, for the Deficiency, as is heretofore provided, for levying Money recovered by Judgment and Coſts; and if Judgment ſhall, in ſuch laſt mentioned Caſe, paſs for the Defendant, the ſaid Supreme Court of Judicature, at Fort-William in Bengal, is authorized and empowered to award and order the Coſts of the ſaid Suit, and the Expence of the ſaid Sequeſtration, and all the Damages occaſioned thereby, to be paid by the ſaid Plaintiff to the ſaid Defendant, or his Attorney, or the Perſon in whoſe Polfeffion the said Effects were ſeized, and the fame ſhall be levied by ſuch Proceſs as is herein provided, for levying Coſts, and the ſaid Debts, from the Time of their being ſo ſeized and extended, and returned into Court, Mall be payable, in ſuch Manner as the ſaid Supreme Court of Judicature, at Fort-William in Bengal, ſhall direct, and no other.

Recital of former Proceedings, either where the company are Plaintiffs or Defendants:Ans Whereas, in and by the ſaid Charter, made and granted by Our faid Royal Grandfather, King George the Second, on the Eighth Day of January, in the Twenty-ſixth Year of His Reign, it is among other Things provided, that in caſe of Actions or Suits againſt the ſaid United Company, it ſhould be lawful, for the Court thereby eſtabliſhed, to iſſue their Summons to theGovernor,