444 COURTS. [ART. 26.

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 declare 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 declaration, 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.
Neale v. Hermanns, 65 Md. 474.

P. G. L , (1860,) art. 29, sec. 22. 1802, ch. 101, sec. 1.

27. 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 ascer-
tained 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.

Ibid. sec. 23. 1802, ch. 101, sec. 1.

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

other person who may have authority to administer the goods of
the deceased, the plaintiff may issue on the said judgment a writ
of scire facias, suggesting the coming of assets to the hands of
the administrator, liable to the payment of the residue of his debt
or demand, with interest as aforesaid, so due, upon which, if the
defendant contests the same, there shall be a trial by jury, as
provided in section 25, aforesaid.

1870, ch. 371.

29. In all cases of proceedings to condemn lands, for any
purpose whatever, under any law or charter, upon the return
and ratification of the inquisition by the proper court, and in all

cases in which inquisitions may have been heretofore returned
and ratified, the said court shall render a judgment against the