ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW.

599

trator of the person alleged to have made the deed, obtained leave
from the court upon showing just cause to put in such plea.

Unless defend-
ant be heir or
executor

74. In any suit brought on any judgment or bond or other writ-
ing sealed by the party, if the defendant shall have any demand or
claim against the plaintiff, upon judgment, bond, or other instru-
ment under seal, or upon bill of exchange, check, order for pay-
ment of money, promissory note, agreement, assumpsit, or account
proved, he shall be at liberty to file such demand or claim in bar, or
plead the same in discount of the plaintiff's claim, and judgment for
the excess of the one claim over the other, as each is proved, with
costs of suit shall be given for the plaintiff or the defendant, accord-
ing as such excess is found in favor of the one or the other of these

1876, c 398
1785, c 46 s 7
Claim in bar, or
discount in suit
on judgment, or
sealed instru-
ment
6 Md 51, 13 Md
379, 28 Md 495,
31 Md 12, 45
Md 161, 2 H &
J 77.

parties, if such excess be sufficient to support a judgment in the
com t, when the cause is tried according to its established jurisdic-
tion, otherwise the finding of such excess to be due shall he suffi-
cient prima facie evidence of the fact of indebtedness for such
excess, as upon an award of arbitrators in a suit in a court having
jurisdiction to try and determine the same.

Judgment for
the party in
whoso favor the
excess is found

75. In any suit upon simple contract, the defendant may file in
bar or plead in discount any claim he may have against the plaintiff
proved according to law, which may be of equal or superior nature
to the plaintiffs claim, and judgment shall be given for the differ-
ence found or other consequence follow thereon as in the preceding
section is provided.

1876, c 396
1785, e 46. s 7
Claim in bar, or
discount in suit
on simple con-
tract

76. 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 in-
dictment or other prosecution in evidence under the general issue,
by way of justification

Art 75, s 14
1801, c 54
In libel, justifi-
cation
45 Md 161

77. 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

Id s 15.
1821, c 208, c 1
Pleading 111 suit
on bond of clerk
or register

his bond, and give the special matter in Evidence.
78. The plea of non damnificatus shall not be received to any
suit on the bond of a clerk or register.

Id s 16
1825, c 208, s 4
Plea of non
damnificatus not
allowed

7 9. 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 execu-
tion to be issued for the sum or sums thereon due.

Id s 17
1777, c 13, s 2
State's attorney
may order exe-
cution on for-
feited recogniz-
ance

80. Whenever any execution has issued on a forfeited recogniz-
ance against a person for not appearing according to the tenor of
the recognizance, 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 deter-
mined in favor of the person pleading the same, he shall be dis-
charged from the said forfeiture; provided, such person shall not be

Id s 18
1782, c 42, s 2
On return of
execution de-
fendant may
plead as on
scire facias
43 Md 295