ART. 75] LOST NEGOTIABLE INSTRUMENTS. 1635

the plaintiff, proved according to law, which may be of equal
or superior nature to the plaintiff's claim, and judgment shall
be given for the difference found, or other consequence follow
thereon, as in the preceding section is provided.

Clarke v. Magruder, 2 H. & J. 77. Baltimore Ins. Co. v. McFadon, 4 H.
& J. 31 Glenn v. Smith, 2 G. & J. 493. Burch v. State, 4 G. & J. 444.
Sangston v. Maitland, 11 G. & J. 297. Hall's Admr. v. Creswell, 12 G & J.
51. Milburn v Guyther, 8 Gill, 93. Wilson v. Keedy, 8 Gill, 197. Sim-
mons v. Tongue, 3 Bl. 341. Foley v. Mason, 6 Md. 51. Beall v Pearre, 12
Md. 550. Abbott v. Gatch, 13 Md. 332. Carroll's Admr v Quynn, 13 Md.
390 Lane v. Fallen, 16 Md. 352. Scott v. Scott, 17 Md. 91 Balto. Marine
Ins. Co. v. Dalrymple, 25 Md. 309. Dowler v. Cushwa, 27 Md. 355. Smith
v. Wash. Gas Light Co., 31 Md. 17. Warfield v. Booth, 33 Md. 72 Miller
v. Lea, 35 Md. 406. Penniman v. Loney, 40 Md. 475. Rice v. Forsyth, 41
Md. 408. C. & P. R. R. Co. v. Slack, 45 Md. 161. Lee v. Rutledge, 51 Md.
313. Tyrrell v. Tyrrell, 54 Md. 169. Hearn v. Cullin, 54 Md. 542. Sim-
mons v. Haas, 56 Md. 166. Stalllngs v. Gottschalk, 77 Md. 433.

1888, art. 75, sec. 14. 1876, ch. 345.

14. No party, otherwise entitled to sue and recover in any
suit at law upon or under any promissory note, bill of exchange,
bill of lading, warehouse or storage receipt, or other negotiable
instrument, shall be precluded from so recovering by reason of
his inability from any cause to produce such instrument in
evidence at the trial, or surrender the same to the defendant;
provided, always, that the absence of such instrument shall be
sufficiently accounted for, under the ordinary rules of evidence,
to allow the introduction of secondary proof of the contents
thereof at the trial, and that no judgment thereupon shall be
entered for the plaintiff in such suit until a good and sufficient
bond shall have been first filed therein by the plaintiff or on
his behalf, in such penalty and with such surety or sureties as
the court shall approve, conditioned to hold and keep the
defendant harmless, upon satisfaction of the judgment by him,
to the same effect and intent as if said missing instrument
were then and there produced and surrendered to him, and the
costs in all such cases shall be adjudged by the court, in its
discretion, as may be equitable.

Fell's Point Sav. Bk. v. Weedon, 18 Md. 320. C. & O. C. Co. v. Blair, 45
Md. 102.

Ibid. sec. 15. 1860, art. 75, sec. 14. 1803, ch 54.
15. In case any person shall be prosecuted by indictment or
any other criminal prosecution for a libel the party so prose-
cuted shall be entitled to give the truth of the matter charged