1634 PLEADINGS, PEACTICE AND PKOCESS AT LAW. [ART. 75

shall have been first filed therein by the plaintiff or on his behalf, in
such penalty and with such surety or sureties as the court shall approve,
conditioned to hold and keep the defendant harmless, upon satisfaction
of the judgment by him, to the same effect and intent as if said missing
instrument were then and there produced and surrendered to him, and
the costs in all such cases shall be adjudged by the court, in its discre-
tion, as may be equitable.

For a case involving the remedy in equity where coupon bonds are lost
see C. & O. Canal Co. v. Blair, 45 Md. 102. And see Fell's Point Institution
v. Weedon, 18 Md. 320.

This section is identical with art. 13, sec. 11—see notes thereto.

1904, art. 75, sec. 15. 1888, art. 75, sec. 15. 1860. art 75, sec. 14.
1803, ch. 54.

15. In case any person shall be prosecuted by indictment or any
other criminal prosecution for a libel the party so prosecuted 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.

Ibid. sec. 16. 1888, art. 75, sec. 16. 1860, art. 75, sec. 15. 1825, ch. 208,
sec. 1. 1888, ch. 547.

16. In any suit on the bond of any clerk or register it shall not be
necessary to suggest the breaches in the replication, 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, and in this event the defendant
shall be entitled to a bill of particulars of the plaintiff's claim.
As to a bill of particulars, see sec. 24, sub-sec. 107.

Ibid. sec. 17. 1888, art. 75, sec. 17. 1860, art. 75. sec. Hi.
1825, ch. 208, sec. 4.

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

Ibid. sec. 18. 1888, art. 75. sec. 18. 1860. art. 75, sec. 17.
1777. ch. 13. sec. 2.

18. 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.

Ibid. sec. 19. 1888, art. 75, sec. 19. 1860, art. 75, sec. 18.
1782. ch. 42, sec. 2.

19. Whenever any execution has issued on a forfeited recognizance
against a person for not appearing according to the tenor of the recogni-
zance, 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