ART. 75] PAYMENT INTO COURT. 1635

person pleading the same, he shall be discharged from the said for-
feiture; provided, such person shall not be discharged from such execu-
tion until the trial of the plea, unless he shall pay and satisfy the execu-
tion or give bond payable to the State before the sheriff, or enter into
recognizance 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 said execution and to abide by and fulfil the
judgment of the court thereupon.

Whether there is such a record as the execution on the recognizance
recites, can only be tried on a plea of nul tiel record, under this section.
Questions of irregularity in the taking and forfeiting of the recognizance
can not be tried on motion to quash the execution. Other matters to be-
disposed of under the plea of nul tiel record. That the traverser actually
appeared according to the condition of the recognizance, is a matter of
discharge to be availed of by plea. Schultze v. State, 43 Md. 305.

1904, art. 75. sec. 20. 1888, art. 75, sec. 20. 1860, art. 75, sec. 19.
1856, ch. 112, sec. 94. 1888, ch. 409.

20. 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 prosecutions for
criminal conversation, or debauching of the plaintiff's daughter or
servant), to pay into court a sum of money by way of compensation or
amends; and when two or more causes of action are joined in one suit
or action, it shall be lawful for the defendants or for one or more of
several defendants to pay into court a sum of money by way of com-
pensation or amends for and on account of either or all of said causes
of action.

The effect of a tender and payment under this and the following section,
is to admit the liability of the defendant and to raise as the only Issue the
extent of such liability. Object of these sections. The tender and payment
may be set up by plea. Where the plaintiff replies that the money paid is
not enough to satisfy his claim the court will hold the money until that
issue is decided, and then pay to the plaintiff so much of it as the jury
may find to be due. Costs. How the verdict should be rendered. Gamble v.
Sentman. 68 Md. 75; Palatine Ins. Co. v. O'Brien, 107 Md. 352. And see
Palatine Ins. Co. v. O'Brien, 109 Md. 111; Crook v. New York Life Ins. Co.,
112 Md. 272.

Ibid. sec. 21. 1888, art. 75, sec 21. 1860, art. 75. sec. 20.
1856, ch. 112, sec. 96. 1888, ch. 409.

21. The plaintiff, after payment of money into court for and on
account of any cause of action in any suit or action in which said
payment shall be lawful under the provisions of the preceding section
shall be at liberty to reply to the same by accepting the sum so paid
into court in full satisfaction and discharge of the cause of action for
and on account of which said payment shall have been made, and he
shall be at liberty in such case to have his costs taxed, and if they are
not immediately paid he shall have judgment for the costs so taxed;
provided, however, that when two or more causes of action are joined
in one suit and payment shall be made on account of one or more of
said causes of action, the costs shall be apportioned by the court; and