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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 509   View pdf image (33K)
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ART. 75.] PLEADINGS, PRACTICE AND PROCESS. 509

18. Whenever any execution has issued on a forfeited recogni-
zance against a person for not appearing according to the tenor
of the recognizance, such person on the return of the execution,
may appear and plead in discharge thereof, any plea which
would have been good and sufficient to a scire facias on said
recognizance, if a scire facias had issued thereon ; and upon such
plea being determined in favor of the person pleading the same,
he shall be discharged from the said forfeiture; Provided, such
person shall not be discharged from such execution until the trial
of the plea, unless he shall pay and satisfy the execution, or give
bond payable to the State, before the sheriff, or enter into recog-
nizance in court with one good and sufficient security in double
the forfeiture and costs due upon such execution, conditioned to
appear and plead in discharge of the said execution, and to abide
by and fulfil the judgment of the court thereupon.

19. It shall be lawful for the defendant, or for one or more
of several defendants in all actions (except actions for assault and
battery, false imprisonment, libel, slander, malicious arrest or
prosecution, criminal conversation, or debauching of the plain-
tiff's daughter or servant,) to pay into court a sum of money by
way of compensation or amends.

20. The plaintiff, after payment of money into court, shall
be at liberty to reply to the same, by accepting the sum so
paid into court in full satisfaction and discharge of the action,
and he shall be at liberty in such case to have his costs taxed,
and if they be not immediately paid, he shall have judgment
for the costs so taxed; or, the plaintiff may reply that the sum
paid into court is not enough to satisfy the claim of the plaintiff
in respect of the matter to which the plea is pleaded; and in the
event of an issue thereon being found for the defendant, the
defendant shall be entitled to his costs of suit, and the plain-
tiff to so much of the sum paid into court as shall be found
for him.

21. It shall not be necessary to state the name by which lands
may have been patented, in declarations in actions of ejectment,
dower, trespass or case, but the same may be described by abut-
tals, course and distance, by any name it may have acquired by
reputation, or by any other description certain enough to iden-
tify the same.

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 509   View pdf image (33K)
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