(That you take for the fine or in mercy.) Formerly, if the verdict was for the defendant, the plaintiff was adjudged to be amerced for his false claim; but. if the verdict was for the plaintiff, then in all actions m ct armis, or where the defendant, in bis pleading, had falsely denied his own deed, the judgment contained an award of a capiatur pro fine; and in all other cases the defendant was adjudged to be amerced. The insertion of the misericordia or of the capiatur in the judgment is now unnecessary. Wharton.

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