PUBLIC GENERAL LAW.

2679

Page.

JOINT BONDS.

When two or more persons are jointly bound, and one or more of the

obligors die, his or their representatives may be proceeded against

as if bound severally as well as jointly — 1811, ch. 161, sec. 1,

604

Not lawful to institute more than one suit on a joint and several bond,

penal or single bill, when the obligors are living and reside in the

same county — 1825, ch. 167, sec. 1, . .

849

When one of the obligors is dead, the clerk shall docket one action

against the surviving obligor or obligors — 1825, ch. 167, sec. 2,

849

If requested by the plaintiff or his attorney, it shall be the duty of the

clerk to docket an action against the executor or administrator of

such deceased obligor, and the same proceeding, &c. shall be had

as if separate actions had been brought against each obligor — 1825,

ch. 167, sec. 2, ..........

849

Where an obligor dies, pending the action, the death shall be suggested,

and an action docketed as of the same term in the name of the

plaintiff in the said action, against such obligor so dying; and simi-

lar proceedings shall be had to make the executor, &c. a party, &c.

as if the original action had been brought separately — 1825, ch.

167, sec. 3, . . ........

849

Where an obligor dies after judgment, a scire facias may issue against

the executor, &c. of such obligor, and such judgment shall be had

on the scire facias, as if the original judgment had been ren-

dered ngainst the deceased obligor, or as if separate actions had

been brought — 1825, ch. 167, sec. 4, .....

850

This act not to be construed to prevent any plaintiff in a judgment ren-

dered on a joint and several bond, &c. from levying the amount

upon either of the co-defendants — 1825, ch. 167, sec. 6,

850

Where the obligors reside in different counties, separate actions may be

docketed in each county, and such judgments may be entered as if

separate actions had been brought before the passage of this act —

1825, ch. 167, sec. 6, .........

850

Where any writ of capias ad respond end urn, issued under this act,

shall be returned cepi, as to one or more of the obligors, and non

est inventus, as to the rest, the writ shall be renewed against those

on whom it had not been served, and on its being returned, served.

the court may consolidate the actions, so that no delay shall arise

in the obtention of the judgment, by reason of the consolidation,

&c.— 1825, ch. 167, sec. 8, .......

851

The act of 1825, ch. 167, applies to all bonds of every nature, whether

the same be with a collateral condition or not — 1837, ch. 211,

1256

JOINT TENANCY.

No deed, devise, &c. shall be construed to create an estate in joint

tenancy, unless it is expressly provided that the property conveyed

by such deed, &c. is to be held in joint tenancy — 1822, ch. 162,

784