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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1097   View pdf image
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ART. 75.] PLEADINGS—PAYMENT INTO COURT. 1097

P. G. L., (1860,) art 75, sec. 18. 1782, ch. 43, sec 2.

19. Whenever any execution has issued on a forfeited recog-
nizance 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
Lave been good and sufficient to a scire facias on said recog-
nizance, if a scire facias had issued thereon; and upon such plea
being determined in favor of the person pleading the same, he
ahall be discharged from the said forfeiture; provided, such per-
son 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 recog-
nizance 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 the said execution, and to abide
by and fulfil the judgment of the court thereupon.
Schultze v. State, 43 Md. 295.

Ibid, sec 19. 1856, ch. 112, sec. 94. 1888, ch. 409

20. 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 into court a sum of money
by way of compensation or amends; and when two or more
causes of action are joined in one suit or action, it shall be law-
ful for the defendants or for one or more of several defendants,
to pay into court a sum of money by way of compensation or
amends, for and on account of either or all of said causes of
action.

Ibid, sec 20. 1856, ch 112, sec. 96. 1888, ch. 409.

21. The plaintiff after payment of money into court for and
on account of any cause of action in any suit or action in which
said payment shall be lawful under the provisions of the preced-
ing section, shall be at liberty to reply to the same by accepting
the sum so paid into court in full satisfaction and discharge of
the cause of action for and on account of which said payment
shall have been made, and he shall be at liberty in such case to

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1097   View pdf image
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