ART. 75.] PRACTICE—EXTENDING JUDGMENTS. 1137

writing obligatory, upon which the suit was brought, or upon
legal and satisfactory proof of the correctness and amount of the
claim where the suit was brought to recover a debt due upon
open account, shall assess the damages and order the judgment to
be extended for the amount so found to be due, and interest on the
same till paid, and costs of suit. In all other cases in which an
interlocutory judgment, or judgment by default has been, or shall
hereafter be entered, the judge of the court where such judgment
is, shall, on motion of the plaintiff, or his attorney, make an order
in the nature of a writ of inquiry, to charge the jury in atten-
dance in such court to inquire of the damages and costs sustained
by the plaintiff in such action, which said inquiry shall be made,
and the evidence given in open court, in the same manner, and
under the same regulations as in other jury trials; and after the
said jury, charged as aforesaid, shall have considered thereof,
they shall forthwith return their inquisition, under their hands
and seals, and the court shall order such judgment to be extended
in accordance with the terms of such finding of the jury.

Hams v.Jaffray, 3 H. & J 543 Wilmer v. Harris, 5 H v. J. 1. Kiersted
v. Rogers, 6 H. & J 288. Hopewell v. Price. 2 H. & G 275. Laidler v. State,
2 H & G. 277. Cushwa v. Cushwa. 9 Gill, 244. Green v. Hamilton, 16 Md.
329. Huston v. Ditto, 20 Md 306. Griffith v. Lynch, 21 Md. 575. Davidson
v. Myers, 24 Md. 538. Stansbury v. Hack, 29 Md. 361. Horner v. O'Laughlin,
29 Md. 465.

P. G. L, (1860,) art. 75, sec. 63. 1785, ch. 80, sec. 13.

87. In all cases of actions brought for the penalty of any bond,
bill, covenant or contract 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
verdict find what sum of money is really and justly due to the
plaintiff; and upon such finding, judgment shall be entered by
the court for the penalty, to be released upon payment of the
Bum of money so found to be due, and interest on the same till
paid, and costs of suit; and the sum really due as aforesaid, or in
any other manner ascertained, upon bonds and other instruments
of writing, with penalty, shall be considered in law as the true
debt, and shall be so pleaded by and allowed to administrators
and others.

State v. Wilson, 38 Md. 338. State v. Tabler, 41 Md 236. Orendorff v. Utz,
48 Md. 208.

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