PLEADINGS, PRACTICE AND PROCESS AT LAW. 2355

An. Code, sec. 16. 1904, sec. 16. 1888, sec. 16. 1825, ch, 208, sec. 1. 1888, ch. 547.

20. 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 per-
formance 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. 28, sub-sec. 107.

An. Code, sec. 17. 1904, sec. 17. 1888, sec. 17. 1825, ch. 208, sec. 4.

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

An. Code, sec. 18. 1904, sec. 18. 1888, sec. 18. 1777, ch. 13, sec. 2.

22. 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.

This section does not cover a recognizance under art. 87, sec. 40—to pay a fine or
penalty—it refers to the forfeiture of a recognizance to answer or testify. See notes
to art. 87, sec. 40. Albrecht v. State, 132 Md. 159.

An. Code, sec. 19. 1904, sec. 19. 1888, sec. 19. 1782, ch. 42, sec. 2.

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

This section does not cover a recognizance under art. 87, sec. 40, to pay a fine or
penalty—it only refers to an execution issued on a forfeited recognizance for not
appearing. See notes to art. 87, sec. 40. Albrecht v. State, 132 Md. 159.

An. Code, sec. 20. 1904, sec. 20. 1888, sec. 20. 1856, ch. 112, sec. 94. 1888, ch. 409.

24. 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