508 PLEADINGS, PRACTICE AND PROCESS. [ART. 75.

deed, obtained leave from the court upon showing just cause to
put in such plea.

12. In any suit brought on any judgment, bond or other
writing sealed by the party, if the defendant shall have any
demand or claim against the plaintiff upon judgment, bond, or
other instrument under seal, or upon note, agreement, assumpsit
or account proved, he shall be at liberty to file his account in
bar, or plead discount to the plaintiff's claim, and judgment shall
be given for the plaintiff for the sum only which remains due
after just discount made; Provided, the sum which shall remain
due after such discount be sufficient to support a judgment in
the court where the cause may be tried according to its esta-
blished jurisdiction.

13. In any suit upon simple contract, the defendant may file
an account in bar or plead discount of any claim he may have
against the plaintiff, proved according to law, which may be of
an equal or superior nature to the plaintiff's claim, and judgment
shall be given as aforesaid.

14. In case any person shall be prosecuted by indictment or
any other criminal prosecution for a libel, the party so prose-
cuted shall be entitled to give the truth of the matter charged
in the said indictment or other prosecution in evidence under the
general issue, by way of justification.

15. In any suit on the bond of any clerk or register, it
shall not be necessary to suggest the breaches in the replica-
tion, and if plea of performance is pleaded by defendants, it
shall be sufficient to reply generally that the obligor has not
performed the condition of his bond, and give the special matter
in evidence.

16. The plea of non damnificatus shall not be received to any
suit on the bond of a clerk or register.

17. "Whenever any recognizance taken for the appearance of
any person to answer, or of any person to testify, shall be
forfeited in any court of record, the State's Attorney may
order a writ of execution to be issued for the sum or sums
thereon due.