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And whereas many important Questions are now tried in the Form of feigned Issues, by stating that a Wager was laid between Two Parties interested in respectively maintaining the Affirmative and the Negative of certain Propositions ; but such Questions may be as satisfactorily tried without such Form; be it therefore enacted, That in every Case where any Court of Law or Equity may desire to have any Question of Fact decided by a Jury it shall be lawful for such Court to direct a Writ of Summons to be sued out, by such Person or Persons as such Court shall think ought to be Plaintiff or Plaintiffs, against such Person or Persons as such Court shall think ought to be Defendant or Defendants therein, in the Form set forth in the Second Schedule to this Act annexed, with such Alterations or Additions as such Court may think proper; and thereupon all the Proceedings shall go on and be brought to a close in the same Manner as is now practised in Proceedings under a feigned Issue.
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