596

PROCEEDINGS IN ACTIONS AT LAW. [ART. 64

other sureties.
8 Md 348,
46 Md 245.

the case a certificate of the comptroller stating that said judgment
has been so satisfied, and said surety or sureties shall then be enti-
tled to execution in his or their own name or names against the
principal and the other sureties, in the same manner and subject to
the same provisions provided in sections 47 and 48 hereof

PARTIES JOINTLY LIABLE.

Art 49, a 1
1811, c 161 s 1
How and when
heirs and repre-
sentatives
bound
44 Md. 339.

SI. Where two or more persons are jointly bound by bond,
promissory note, or by any other writing, whether sealed or un-
sealed, to pay money or do any other thing, and one or more of such
persons shall die, his or their executors and heirs shall be bound in
the same manner and to the same extent as if the person so dying
had been bound severally as well as jointly.

1870, c 329
When defend-
ants reside in
same county,
only one suit to
be brought
4 Md 403,
14 Md 108,
3G & J. 66.

52. No person shall institute more than one suit on a joint and
several bond, promissory note, penal, or single bill, when the per-
sons executing the same are alive and reside in the same county,
and if more suits than one be instituted on any such bond, promis-
sory note, penal, or single bill, judgments of non pros, shall be en-
tered against the plaintiff in such suits

Art 49, s 3
1825, c 167, B 2
When represen-
tative may be

53. If a joint obligor be dead when the suit is brought, his repre-
sentative may be sued.

sued

Id s 4
1825, c 167, s 3
Proceedings
where defend-
ant in suit. on
joint obligation,
dies

54. If either of the obligors, against whom a joint action shall
be brought, shall die pending the same, the plaintiff may suggest
such death, and the court shall cause the suggestion to be entered
of record, and shall direct the clerk to docket an action as of the
same term in which the suggestion is entered, in the name of the
plaintiff against the obligor so dying; and in such action the same
proceedings shall be had to make the executor or administrator of
the deceased obligor a party thereto, as if the original action had
been brought separately against all the obligors.

Id s 5
1825, c 167, s 4.
Where Obligor
dies after judg-
ment

5 5. If any of the obligors against whom a joint action is brought,
and judgment obtained thereon, shall die after judgment, the plaintiff
may issue a scire facias on said judgment against the executors or
administrators of the deceased defendant, and such judgment shall
be had on the scire facias as if the judgment had been rendered in
a separate action.

Id s 6
1825, c 167, s 7
Obligors resid-
ing in different
counties, how
sued.

56. If the obligors in any bond, penal, or single bill, reside in
different counties, they may be sued in the counties in which they
respectively reside; but all residing in the same county shall be
sued in one action.

Id s 7
1825, c 167, s 8
In suit against
joint and
several obligors,
how writ may
be renewed

57. When any writ against joint and several obligors shall be
returned summoned as to one or more, and non est as to the others,
the clerk may renew the writ against those upon whom it has not
been served, and upon service upon the other obligors and return

Actions may be
consolidated.

thereof, the obligors may pray the court to consolidate the actions,
and the court may so consolidate such actions that no delay shall

Judgment.

be caused thereby, but judgment shall be entered against the