PUBLIC GENERAL LAW. 2815

party, or otherwise made appear to be founded in fact by credible
witness, or other legal evidence, and no demurrer to any declaration
shall be allowed, for want of pursuing the usual forms of declara-
tions in other cases, but it shall be deemed sufficient in all actions
on the case, or actions of account, to allege that the defendant or
defendants were indebted to the United States, or to the state of
Maryland, in the sum demanded, for money had and received to the
use of the United States, or of this state, as the case may require,
and that payment hath not been made, nor any account rendered for
the same.

SEC. 5. And be it further enacted, That the general or any county
court where such action is brought may, if need be, appoint audi-
tors to take and state the accounts offered by any defendant or de-
fendants, and may give judgment for such balance as appears due
on the return of such auditors, with costs of suit; and if the balance
should be found in favour of any defendant or defendants, who have
been negligent in rendering his or their account, no costs whatever
shall be adjudged to him or them, but the balance so found, if due
from the state of Maryland, shall be paid by the treasurer of the
eastern or western shore, without costs, and a transcript of the
judgment, under seal of the court, shall be a sufficient voucher for
such payment; and the clerk of the court wherein such suit is de-
termined shall, within one month after the determination of such
suit, transmit to the auditor-general a copy of the accounts so
audited and settled, under the penalty of twenty pounds.

SEC. 6. And be it enacted. That after judgment obtained, it shall
and may be lawful to issue execution by capias ad satisfaciendum,
fieri facias, or attachment on the judgment, which two last execu-
tions may be taken against lands and tenements as well as goods
and chattels ; and all lands and tenements belonging to any public
debtor, after the commencement of suit against him, shall be liable
to said execution, in whatsoever hands or possession they may be
found.

SEC. 7. And be it further enacted, That the sheriffs of the several
counties, where the money is not paid, may cause such goods, chat-
tels, lands or tenements, to be sold at public vendue, (after giving
ten days notice thereof, excluding the day of notice and sale,) to the
highest bidder, and shall and may retain sufficient in their hands to
pay the debt and all costs, their own fees included, returning the
overplus, if any, to the debtor, and shall forthwith pay such debt to
the public treasury, and the costs to the attorney prosecuting the
suit, or be liable at the next court to execution, and the office bond
of such sheriff shall also be liable, if need be, and may be put in
suit for recovery of such money so by him received.