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Costs, if demurrer insufficient.
So if verdict for plaintiff unless judge certifies probable cause.
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V. Provided nevertheless, That if any such matter shall upon a demurrer joyned be judged insufficient, costs shall be given at the discretion of the court, or if a verdict shall be found upon any issue in the said cause for the plaintiff or demandant, costs shall be also given in like manner, unless the judge, who tryed the said issue, shall certifie that the said defendant or tenant, or plaintiff in replevin, had a probable cause (a
) to plead such matter, upon which the said issue shall be found against him.
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