618

PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.

the court shall order such judgment to be extended, in accordance
with the terms of such finding of the jury.

Art 75, s 63
1785, c 80, s 13
Actions for
penalty of bond,

etc

38 Md 344,
41 Md 239.

127. In all cases of actions brought for the penalty of any bond,
bill, covenant, or contracti with penalty, the jury may, under the
direction of the court, upon the plea of payment or performance of
the conditions or terms of the contract, ascertain, and by their ver-
dict find, what sum of money is really and justly due to the plain-
tiff, and upon such finding judgment shall be entered by the court
for the penalty, to be released upon payment of the sum of money
so found to be due, and interest on the same till paid, and coats of
suit; and the same really due as aforesaid, or in any other manner
ascertained, upon bonds and other instruments of writing, with pen-
alty, shall be considered in law as the true debt, and shall be so
pleaded by and allowed to administrators and others.

1861, c 70
Liens on lease-
hold estates
24 Md 538,
34 Md 121,
39 Md 409

1 28. Every judgment hereafter to be rendered by any of the
courts of law of this State, shall be and constitute a lieu to the
amount and from the date thereof, upon all leasehold interests and
terms for years, of the defendants, on land, except leases from year
to year, and leases for terms of not more than five years and not re-
newable, to the same extent and effect as liens are now created by
judgment upon real estate.

Art 29, s 20
1802, c 101, s 1
Administrator
may plead in-
sufficiency of
assets

129. If an administrator conceives that he has not assets suffi-
cient to discharge the claim, or any part thereof, for which a suit
shall be brought against him, he may plead the fact, and a trial by
jury shall be thereupon had.

Id s 21
1802, c 101, s 1
How judgment
to be entered in
such case
16 Md 35
30 Md 10

130. If, on any trial so had against an administrator, the debt
or demand of the plaintiff shall be contested, and there be any other
issue joined than upon the subject of assets, the jury, if they find for
the plaintiff upon the issue so joined, and the amount of assets found
by them be less than the debt or demand of the plaintiff, shall de-
clare the amount of the debt or demand, and also the sum to be
paid by the defendant to the plaintiff, regard being had to the
amount of the assets in hand, and the debts due from the deceased;
and the court shall thereupon enter judgment against the defendant
for the penalty of the bond or damages laid in the plaintiff's declar-
ation and costs of suit, if the court shall so direct, to be released
upon payment of the sum ascertained to be paid by the verdict of
the jury and interest thereon, from the time of rendering the said
judgment

Id s 22
1802, c 101. s 1.
How levied on
judgments
against admin-
istrator
30 Md 10.

131. The sum so ascertained shall be levied of the goods and
chattels of the deceased, or of the proper goods and chattels of the
defendant, and the residue of the debt or damages so ascertained
shall be levied of the goods and chattels of the deceased, which may
thereafter come to the hands of the defendant, to be administered
with interest as aforesaid, or of the proper goods and chattels of the
defendant.

Id s 23
1802, c 101, s 1.
Scire facias on

132. If such goods and chattels shall thereafter come to the
hands of the defendant as administrator, or into the hands of any