ART. 12] PBOCEDURE UPON RECOGNIZANCE. 263

If the sum to be paid is fixed at thirty dollars, a receipt for a less sum,
though purporting to be full, will not operate as a release; contra, however,
as to maintenance prior to the time the order is passed. Barber v. State, 24
Md. 390.

This section does not change the character of the bastardy proceeding.
Oldham v. State, 5 Gill, 93; State v. Pheips, 9 Md. 28; Sheay v. State, 74 Md.
56.

This section applied. Huyett v. Slick, 43 Md. 288; Eccleston v. State, 7 G.
& J. 316.

Cited but not construed in Lynn v. State, 84 Md. 80.

See notes to sections 1 and 5.

1904, art. 12, sec. 8. 1888, art. 12, sec. 8. 1860, art. 13, sec. 8. 1796, ch. 34.

8. Upon proof of the service of such order upon the person or
persons to whom the same may be directed, and demand of payment
thereof, and that the money due thereon is unpaid, the clerk of the
court in which the recognizance of the father may be filed shall forth-
with issue a scire facias on such recognizance, for the use of such mother
or other person entitled as aforesaid, and thereupon such proceedings
shall be had as shall bring the matter in dispute fairly to trial at the
next term thereafter without any parlance or delay.

That neither the party maintaining the child, nor the child itself, has
resided in the state since the recognizance, does not affect the right to issue
a sci. fa. Mong v. State, 10 G. & J. 383.
This section applied. Huyett v. Slick, 43 Md. 288.

Ibid. sec. 9. 1898, ch. 54.

9. Whenever any principal, surety or other person in interest upon
competent testimony makes it to appear to the satisfaction of any court
in which, a recognizance in any bastardy case is entered up that by
reason of the death of the child, or by reason of the payment of all dues
arising under said recognizance, or for any other reason, the recog-
nizance should be discharged, the court may make such order of dis-
charge or annulment of the recognizance or such other order as may
be deemed appropriate by the court to discharge the obligors in the
recognizance and the record of the entry of such recognizance.