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The Maryland Code Public General Laws, 1904
Volume 393, Page 1636   View pdf image (33K)
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1636 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

in the said indictment or other prosecution, in evidence under
the general issue by way of justification.

1888, art. 75, sec. 16 1860, art. 75, sec 15. 1825, ch, 208, sec. 1
1888, ch. 547.

16. In any suit on the bond of any clerk or register it shall
not be necessary to suggest the breaches in the replication, and
if plea of performance is pleaded by defendants, it shall be
sufficient to reply generally that the obligor has not performed
the condition of his bond and give the special matter in
evidence, and in this event the defendant shall be entitled to a
bill of particulars of the plaintiffs claim.

Ibid sec. 17. 1860, art. 75, sec. 16 1825, ch. 206, sec. 4.

17. The plea of non damnificatus shall not be received to any
suit on the bond of a clerk or register.

Ibid. sec. 18. 1860, art. 75, sec. 17. 1777, ch. 13, sec. 2.

18. Whenever any recognizance taken for the appearance of
any person to answer, or of any person to testify, shall be for-
feited in any court of record, the State's attorney may order a
writ of execution to be issued for the sum or sums thereon
due.

Ibid. sec. 19. 1860, art. 75, sec. 18. 1782, ch. 42, 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 have been good and sufficient to a scire facias on
said recognizance, if a scire facias had issued thereon; and
upon such plea being determined in favor of the person plead-
ing the same, he shall be discharged from the said forfeiture ;
provided, such person shall not be discharged from such exe-
cution 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 recognizance 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 said execution and to abide by and fulfil the judgment of the
court thereupon.

Schultze v. State, 43 Md 295

Ibid. sec. 20 1860, art. 75, 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


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1636   View pdf image (33K)
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