314

LAWS OF MARYLAND.— 1794.

state, then this obligation to be void and of none effect, other-
wise to remain in full force and virtue in law;' which bond
shall be attested by the judge or justices before whom the same
shall be taken, and delivered by the said judge or justices,
immediately after the execution thereof, to the clerk of the
county court, to be by him recorded, and a copy thereof, certi-
fied under the seal of the court, shall be good evidence to prove
the execution of such bond in any court of this state ; and the
clerk of the several county courts of this state are hereby
required, after recording the same, to transmit an attested copy
of said bond to the clerks of the general courts of the respective
shores of this state, to be lodged with them for safe custody.
By 1799, ch. 91, on the death, resignation, &c. of any sheriff, the person
appointed to succeed him shall give bond, in the manner prescribed by law,
within sixty days from the date of his commission.
By 1805, ch. 65, sec. 13, one judge may take the sheriff's bond.
By 1806, ch. 16, any two justices of the orphans court may do so; and
by 1815, ch. 62, they may qualify the sheriff.

Clerks may
issue execu-
tions, &c.

SEC. 9. And be it enacted, That it shall and may be lawful
for the clerks of the several county courts, and they are hereby
authorized and required, on application of the plaintiff or plain-
tiffs in any judgments of their courts respectively, upon return
of nulla bona by the sheriff or coroner on a fieri facias issued in
the county where such judgment hath been, or hereafter may
be obtained, to issue executions on said judgments against the
goods and chattels, lands and tenements of any defendant, lying
and being in any other county than that in which such judg-
ment was or shall be obtained, which execution shall be direct-
ed to, and served by, the sheriff or coroner, as the case may
require, of the county in which such goods and chattels, lands
and tenements, may be and lie, and returned to the court of the
county of which he is sheriff or coroner ; and it shall be suffi-
cient for the plaintiff, to entitle himself to the benefit of such
execution, to produce, before the court to which the same shall
be returnable, a short copy of the judgment by him obtained,
attested by the clerk of the court before which the same is had.

In certain
suits, writs
to be en-
dorsed, &c.

SEC. 10. And be it enacted, That in every suit which shall
or may hereafter be ordered or directed on any administration,
testamentary, inspector's, collector's or sheriff's bond, the clerk
shall, and he is hereby directed, before the issuing of the writ,
to endorse thereon the name or names of the party or parties at
whose instance, and for whose use, the said suit was instituted ;
and in case the said action shall or may be struck off, discon-
tinued or non prossed, or in case there be a judgment on verdict
in favour of the defendant, the party or parties at whose instance
the action was instituted shall be answerable for the legal costs
of suit, and may be proceeded against by attachment against the