When a judgment has been obtained on such a bond no other creditor can avail himself of it, without sending a scire facias to be sued, which writ must specify the nature of the the demand and the sum due and be sued within eighteen months after such recovery.

When an application is made to the chancery court by an executor or administrator for a writ of error to remove a cause, the chancellor has the power to prescribe the penalty of the appeal bond: so also with regard to all applications for injunctions to stay proceedings at law. To remedy the inconvenience to which suitors were subjected, by being obliged to go to Annapolis, with their sureties, to enter into bond in the chancery office, on application for an injunction, the power of taking security for the due prosecution of writs of injunction, has been extended to the county courts. Bonds so taken operate as a supersedeas until the appellee obtains a certificate from the chancellor or his register, of the disallowance of an injunction in the case, or that such an injunction has not been sued out of the chancery office within two months after the bond has been given, or, if sued out, that it is dissolved.

All bonds, bills or other writings obligatory taken by a sheriff or deputy must be indorsed with a statement of the consideration upon which it was passed, or it is void: so too, if they be taken by an attorney or clerk of a county court.

It is not lawful for any attorney or other person whatsoever, to confess a judgment, either in court or before one or more of the justices out of court, by virtue of a power of attorney, contained in bonds, commonly called judgment bonds. But the chief justice or either of the associate justices may out of court direct the clerk to enter judgment by confession or by non sum informatus, which are as legal as if the court were in session.

No assignment, assurance, conveyance, deed or any other writing whatsoever of any goods, chattels, effects, debts, lands, tenements or hereditaments executed by a person trading to this state and residing out of it, at the time, can be of any force until the person to whom it is made or his agent or

attorney shall give bond, with such security as may be approved by the chancellor, to satisfy every debt which is due, at that time from the person executing, to any person residing within the state, so far as the goods &c. shall come to the hands of such obligor. This bond cannot be sued after the debt or thing in action shall be above three years' standing: saving to all persons under the impediments of infancy, coverture, insanity of mind, imprisonment or beyond sea, the full benefit of such bonds for the space of three years after the disability is removed.

Where any person is bound in a bond or has indorsed a bill of exchange and is obliged to pay the money, the obligee or indorsee may be compelled to assign it over to him, and the surety or indorser may have an action in his own name against the principal debtor. So too, a judgment must be assigned, where it has been paid by the surety; and he is entitled to execution against his principal for the whole, or against his cosureties, if there be any, for a proportionable part. But the defendant is not precluded from his remedy against the plaintiff by audita querela, or other equitable proceeding.

Upon all obligations under seal, which are assigned under seal, the assignee may maintain an action in his own name against the obligor; and if the obligor be unable to pay the debt, or cannot be found in the place of his usual abode, or the plaintiff be prevented by any other means than his own negligence or default from recovering the money, he may have his action against the obligee. But this action against the obligee, in default of the obligor, cannot be maintaind unless the assignor have made oath before some magistrate "that he hath or have received no part of the sum mentioned in such obligation, or but such part thereof as shall be mentioned in such oath, at time of making such assignment," to be indorsed on the obli gation.

Where an application is made to the high court of chancery for the foreclosure of a mortgage or sale of land, in which an infant is interested, the petitioner must give bond, with sufficient security, to be approved by the chancellor, to the infant, his heirs, executors and administrators, with this condition:

that in case the infant within one year after his arrival to age shall make appear to the satisfaction of the chancellor that there was fraud in obtaining the mortgage deed, or that no deed was really executed, or that the debt claimed, or so much as was decreed to be paid, was not due, that then the obligor, his heirs &c. will reconvey the mortgaged premises to the infant, or, in case of sale, will pay to the infant the whole or such part of 'the sum raised as the chancellor may determine to be just, and will also abide by such order and decree as may be made in the cause. Suit may be maintained upon this bond or upon a copy of the record, when the condition is broken and the plea of non est factum cannot be received unless verified by the oath of the defendant. The same rule as to pleading prevails in actions on bonds given by commissioners to sell lands &c. by order of the chancellor.

Where a trustee is appointed by will to execute a trust, and any person interested in the execution of such trust makes it appear to the chancellor, that it is necessary for the safety of those who are interested, that the trustee should give a bond for the faithful performance of the trust, the chancellor may give direction accordingly. If the bond be not filed by the day assigned, the chancellor may displace the trustee and appoint another. The plea of non est factum is not permitted in any action, unless it be verified on oath by the party so pleading, or unless the defendant, being the heir, executor or administrator of the person by whom the deed is alleged to have been made, obtain leave from the court to put in such plea.

In all actions brought for the penalty of any bond, bill, covenant or contract with a penalty, the jury may, under the direction of the court, upon the plea of payment or performance of the condition, ascertain what sum is really due to the plaintiff. The judgment is then to be entered for the penalty, to be released upon payment of the sum so found, with interest until payment and costs of suit.

.A copy of the record of any instrument of writing, which the laws of the state or country where it was executed require to be recorded, and which has been recorded agreeably to those

laws, is admitted in the courts of this state as good and sufficient evidence, if it be under the hand of the keeper of such record and the seal of the court or office in whichit has been made. If it be only lodged for safe keeping, according to the laws of the place where it was executed, a copy certified in this manner is sufficient.

Where recording is not necessary to give validity to an instrument, by the laws of the country in which it has been executed, proof of the execution, by the oath of any of the subscribing witnesses, taken before any court, judge or justice, or other officer of the same country, who has authority by law to administer an oath, and a certificate under seal from the governor, chief magistrate or a notary public of the country that the court or officer has such authority, and that the oath has been duly made before such court or officer, is sufficient. If all the subscribing witnesses are dead, proof of their handwriting certified in the same manner is admitted.

But where it is intended to introduce such testimony, the plaintiff must make oath before a judge or justice of this state, or, as above, before a court &c. of another state or country, that the instrument was duly executed, and that the debt appearing to be due is not paid or in any manner satisfied, by discount, account in bar or otherwise, to the knowledge or belief of the deponent, but that such part as is stated to be due remains unpaid, according to the best of the knowledge and belief of the deponent. This act does not alter the manner of conveying lands within this state by persons residing out of it,* nor of proving accounts against the estates of deceased persons. In order to authenticate such a claim, if it arise on a specialty, bond, note or protested bill of exchange, the voucher is the instrument itself, or a proved copy in case it be lost, with a certificate of the oath made since the death and indorsed upon or annexed to the instrument a statement of the claim," that no part of the money intended to be secured by

Vid. American Law Journal, No. I. p. 92.

such instrument hath been received, or any security or satisfaction given for the same, except what (if any) is credited."

If the creditor on such instrument be an assignee, there must be the same oath of the original creditor, with respect to the time of the assignment, and of the intermediate assignees, if there have been any. If the dealing has been with a factor and the principal be not within the state, the factor who took the bond, note &c. or who sold or delivered the articles may make oath, to be certified and indorsed as before, "that the said statement is full, just and true, and that he (the deponent) took the said bond (or note &c. or delivered &c.) as factor to-living in (or lately of—;) that neither he (the deponent) nor the principal nor any other person for him, or the principal to his knowledge or belief, hath received any part of the money originally due on such bond &c. or any security or satisfaction for the same, except what (if any) is credited."

LIMITATIONS.

Bonds (except to the state) are not good and pleadable after the principal debtor and creditor have both been dead twelve years, or the debt or thing in action is above twelve years' standing. But there is a saving to infants, those under the disability of coverture, insanity, imprisonment or beyond sea, of five years after the disability is removed. Actions on sheriffs' bonds must be commenced in five years after the term of office has expired; the state may sue at any time, and infants &c. within five years after the disability &c.

Testamentary bonds must be sued within twelve years from their date.

The following brief notes of cases decided in the late general court of this state are copied from the MS. note book of the late judge Sprigg who presided in that court, until a short time before it was abolished.