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[956d] and if he be again worsted, he shall pay one and a half times the assessed amount. Again, if the plaintiff, when worsted in the first court, does not rest satisfied, but goes to the second court, in case he wins, he shall receive the fifth part, but in case he loses, he shall pay the same fraction of the penalty. And if, through dissatisfaction with the previous verdict, they proceed to the third court, the defendant (as we have said) shall pay, if worsted, one and a half times the penalty, and the prosecutor one-half of it.

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