600

PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.

Not to be dis-
charged until
trial without
payment or
security

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 dis-
charge of the said execution, and to abide by and fulfil the judg-
ment of the court thereupon.

Id s 19
1856, c 112, s 94
In what cases
defendant may
pay money into
court by way of
compensation.

81. 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 prose-
cutions, criminal conversation, or debauching of the plaintiffs daugh-
ter or servant), to pay into court a sum of money, by way of com-
pensation or amends.

Id s 20
1856, c 112, s 96
Plaintiff may
reply and
accept

82, The plaintiff, after payment of money into court, shall be at
liberty to reply to the same, by accepting the sum so paid into court
in full satisfaction and discharge of the action, and he shall be at
liberty in such case to have his costs taxed, and, if they be not

May have judg-
ment for costs

immediately paid, he shall have judgment for the costs so taxed;
or the plaintiff may reply that the sum paid into court is not enough
to satisfy the claim of the plaintiff in respect of the matter to which
the plea is pleaded; and, in the event of an issue thereon being

Issue found for
defendant
carries costs.

found for the defendant, the defendant shall be entitled to his costs
of suit, and the plaintiff to so much of the sum paid into court as
shall be found for him.

Art 45, s 12.
1798, c 101,
sub-c 5, s 8
How husband
to declare in
suits in right of
wife alter her
death.
38 Md 175.

83. A husband bringing a personal action to recover in right of
his wife after her death, may declare, specially setting forth in the
usual manner, how the debt or right accrued to his wife, and stating
further, that by marriage the debt or right devolved on him.

FORMS OF PLEADINGS.

Art 75, s 22.
1856, c 112, ss
58, 137.
Forms of plead-
ings

84. The forms of pleadings which follow shall be sufficient; and
the like forms may be used, with such modifications as may be
necessary to meet the facts of the case; but nothing herein con-
tained shall render it erroneous or irregular to depart from said
forms, so long as substance is expressed

Commencement of Declarations.

Commencement
of declarations.

A. B., by S. T., his attorney (or in person, as the case may be),
sues C. D. for (here state the cause of action).

Conclusion of Declarations.

Conclusion of
same

"And the plaintiff claims therefor $ —— " (or if the action is
brought to recover specific goods), " the plaintiff claims a return of
the said goods or their value, and $ ——, for their detention. "