326 ORDINANCE No. 6 of 1855 .
Common Law Procedure.
recovered, and in respect of the costs prior to the suggestion , and in re
spect of the costs of the suggestion , and subsequent thereto he shall be
entitled to the like judgment as in an action originally commenced
against the executor or administrator.
Death
between 86. The death of either party between verdict and judgment shall
verdict and
judgment. not hereafter be alleged for error so as such judgment be entered within
two terms after such verdict.
In case of 87. Ifthe plaintiff in any action happen to die after an interlocutory
death after
interlocutory judgment and before a final judgment obtained therein , the action shall
and before
final judg not thereby abate, if it might be originally prosecuted or maintained by
ment.
the executor or administrator of such plaintiff; and if the defendant die
after such interlocutory judgment and before a final judgment obtained
therein, the action shall not thereby abate if it might be originally pro
secuted or maintained against the executor or administrator of such de
fendant ; and the plaintiff, or , if he be dead after such interlocutory judg
ment, his executors or administrators , may have a writ of revivor in the
form C to this Ordinance annexed , or to the like effect, against the defend
ant, if living after such interlocutory judgment, or if he be dead , then
against his executors or administrators, to shew cause why damages in
such action should not be assessed and recovered by him or them ; and
if such defendant his executors or administrators shall appear at the return
of such writ, and not shew or allege any matter sufficient to arrest the
final judgment, or shall make default, a writ of inquiry of damages shall
be thereupon awarded , or the amount for which final judgment is to be
signed , shall be referred to the Registrar or other officer of the Supreme
Court as hereinbefore provided ; and upon the return of the writ, or de
livery of the order with the amount endorsed thereon to the plaintiff, his
executors or administrators , judgment final shall be given for the said
plaintiff, his executors or administrators , prosecuting such writ of revivor
against such defendant , his executors or administrators , respectively.
Marriage not 88. The marriage of a woman plaintiff or defendant shall not cause
to abate
action. the action to abate , but the action may notwithstanding be proceeded with
to judgment ; and such judgment may be executed against the wife alone,
or by suggestion or writ of revivor pursuant to this Ordinance, judgment
may be obtained against the husband and wife , and execution issue thereon ;
and in case of a judgment for the wife , execution may be issued there
upon by the authority of the husband without any writ of revivor or sug