right to have a writ of scire facias to renew or revive the same; and on all such judgments or decrees the plaintiff may have more than one attachment or execution to be laid in the hands of different persons, or levied on other property or effects than that taken under the first, though the first be still outstanding; provided that but one satisfaction of the debt or demand shall be made, and that it shall be in the discretion of the court in all such cases, whether any costs, and if any, what amount of costs shall be allowed on the subsequent attachments or other executions. The provisions of this section shall apply also to attachments or executions, directed to a county different from that where the judgment or decree was rendered, or to or from the city of Baltimore.

. Knott, 12 G. & J. 443. Boyd v. Harris, 1 Md.

Arnott v. Nicholls, 1 H. & J. 471. Salmon . Yates, 1 H. & J. 488. McElderry v. Smiths' Lessee, 2 H. & J. 72. Barney v. Patterson, 6 H. & J. 194. Hanson v. Barnes' Lessee, 3 G. & J. 359. Mullikin . Duvall, 7 G. & J. 355. Townshend, Ex'x. v. Townshend, 10 G. & J. 373. Nesbit v. Manro, 11 G. & J. 261. Murphy v. Cord, 12 G. & J. 182. Miles Jones v. Jones, 1 Bl. 443. Tessier . Wyse, 3 Bl. 28. Ch. 466. Hodges v. Sevier, 4 Md. Ch. 382. Doub. Barnes, 4 Gill 1. Warfield v. Brewer, 4 Gill 265. Cushwa . Cushwa, 5 Md. 55. Kemp v. Cook, 6 Md. 305. Trail v. Snouffer, 6 Md. 308. Moore v. Garrettson, 6 Md. 444. Elliott's Lessee v. Knott, 14 Md. 121. Huston v. Ditto, 20 Md. 305. Hazlehurst v. Morris, 28 Md. 67. Hardesty v. Campbell, 29 Md. 533. Mitchell v. Chesnut, 31 Md. 521. Goldsborough v. Green, 32 Md. 91. Kirkland v. Krebs, 34 Md. 93. Hagerstown Bank v. Thomas, 35 Md. 515. Anderson v. Graff, 41 Md. 601. Manton v. Hoyt, 43 Md. 264. Weikel v. Cate, 58 Md. 110. Lambson v. Moffet, 61 Md. 429.

P. G. L, (1860,) art. 29, sec. 18. 1839, ch. 14.

21. A judgment rendered against one or more members of a partnership, or one or more persons jointly liable on any bill, bond, covenant, promissory note, bill of exchange, contract or agreement whatsoever, less than the whole number of partners or persons so bound, shall not work an extinguishment or merger of the cause of action on which such judgment may have been rendered, as respects the liability of the partners or persons not bound by such judgment; and they shall remain liable to be sued as if their original responsibility had been joint and several; provided, that but one satisfaction of the debt or demand shall be made.

Williams . Hodgson, 2 H. & J. 474. Moale. Hollins, 11 Davidson v. Kelly, 1 Md. 500. Thomas v. Mohler, 25 Md. 36. 44 Md. 319. Cruzen . McKaig, 57 Md. 461.

G. & J. 11.

Gott v. State,

1888, ch. 474.

22. Every order of a court, whether n an action, cause or matter, may be enforced in the same manner and by the same writs as a judgment or decree to the same effect.

P. G. L., (1860,) art. 29, sec. 19 1829, ch. 166, sec. 1. 1830, ch. 80. 1834, ch. 126. 1864, ch. 49.

23. Upon all judgments rendered at the second term after the defendant has been summoned, the defendant shall be entitled to a stay of execution until the first Thursday of the ensuing term, with the privilege of superseding the same in the manner allowed by law, at any time within two months after the expiration of said stay, and with the power of prosecuting an appeal, or suing forth a writ of error, as authorized by law; this section not to apply to judgments recovered in the courts of Baltimore city. Goldsborough v. Green, 32 Md. 91.

1888, ch. 442.

24. Any party to an action or suit at law, or in equity, may, at any stage thereof, apply to the court for such order or judgment as he may, upon any admissions of fact in the pleadings or other written admissions in the case, be entitled to without waiting for the determination of any other question between the parties. Such application may be made by motion or petition so soon as the right of the party applying to the relief claimed has appeared from the pleadings or other written admissions in such action or suit; and the court may, upon such application, give such relief, subject to such terms, if any, as such court may think fit; and such order or judgment shall, with the proceedings relating thereto, form part of the record and be reviewable on appeal from the final judgment or decree in such action or suit.

P. G. L., (1860,) art. 29, sec. 20. 1802, ch. 101, sec. 1. 25. If an administrator conceives that he has not assets sufficient to discharge the claim, or any part thereof, for which a suit shall be brought against him, he may plead the fact, and a trial by jury shall be thereupon had.

26. If, on any trial so had against an administrator, the debt or demand of the plaintiff shall be contested, and there be any

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 ascertained 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

persons or corporation for whose use the condemnation may be so made in favor of the owners named in the inquisition for the amount of the damages awarded by the jury, and unless within ninety days after condemnation ratified, the same shall be abandoned by written notification to said owners, execution may immediately thereafter issue on said judgment, as in other cases of judgments rendered in courts of law.

Merrick v. M. & C. C. of Balto., 43 Md. 219. Norris v. M. & C. C. of Balto., 44 Md. 598.

Court of Appeals.

P. G. L., (1860,) art. 29, sec. 24. 1852, ch. 263.

30. Any judge of the court of appeals who shall be connected with any party to a cause by consanguinity or by affinity, within the fourth degree, counting down from the common ancestor to the more remote, shall be disqualified from sitting in such cause.

Ibid. sec. 25. 1852, ch. 82.

31. No judge of the court of appeals shall be deemed to have abandoned his residence in the judicial district for which he shall have been elected, by reason of his residence in Annapolis during the term for which he may have been elected, unless he shall signify his intention so to abandon his residence in his said district by voting in the city of Annapolis.

Ibid. sec. 26. 1780, ch. 11, sec. 4. 1795, ch. 55.

32. Any one of the judges of the court of appeals, in the absence of the others, may adjourn the court until the attendance of the other judges can be had; and in the absence of all the judges, the clerk may adjourn the court from day to day until a judge is present.

Ibid. sec. 27. 1780, ch. 11, sec. 4.

33. Any one of the judges may take the return of process, and may order the issuing of the same, and may enter continuances by consent of the parties.

Ibid. sec. 28. 1886, ch. 185.

34. The court of appeals shall hold its sessions on the second Monday in January, the first Monday in April, and the first Mon

day in October of each and every year; no action in the court of appeals shall continue longer than the end of the fourth term after the same shall have been instituted, unless by consent of the parties.

P. G. L., (1860,) art. 29, sec. 43. 1806, ch. 94. 1862, ch. 107. 1868, ch. 30.

35. The crier appointed by the court of appeals shall receive five dollars a day for his attendance for every day, Sundays excepted, during the terms of session of said court of appeals, and whenever, in the judgment of said court, the attendance or services of a sheriff may be required in said court, the judges thereof may direct a sheriff to attend or perform such services; for which attendance and services the said sheriff shall be entitled to a per diem of three dollars and fifty cents; and the judges of said court shall, at the end of each session of the said court, give the said crier and sheriff a certificate of the number of days for which they are respectively entitled to said per diem.

Circuit Courts for the Counties.

P. G. L., (1860,) art. 29, sec. 44. 1773, ch. 1. 1785, ch. 87. 1804, ch. 55. 1805, ch. 65.

36. The circuit courts for the several counties are the highest common-law courts of record and original jurisdiction within this State, and each has full common-law powers and jurisdiction in all civil and criminal cases within its county, (except where by law the jurisdiction has been taken away or conferred upon another tribunal;) and all the additional powers and jurisdiction given by the constitution, and by law.

351.

State v. Tibbs, 3 H. & McH. 83. Briscoe v. Ward, 1 H. & J. 165. Whittington v. Polk, 1 H. & J. 236. Harris v. Dorsey, 1 H. & J. 416. Johnson . Medtart, 4 H. & J. 24. Bevans v. Briscoe, 4 H. & J. 140. State v. Chase, 5 H. & J. 297. State v. Buchanan, 5 H. & J. 361. Offutts's Adm'rs v. Offutt, 2 H. & G. 178. Strike ». McDonald, 2 H. & G. 191. Richardson v. Stillinger, 12 G. & J. 477. Brooks v. Delapaine, 1 Md. Ch. Gough . Crane, 3 Md. Ch. 119. Dunnock v. Dunnock, 3 Md. Ch. 140. Keighler v. Nicholson, 4 Md. Ch. 87. O'Reilly . Murdock, 1 Gill, 32. Beall v. Black, 1 Gill, 203. Tomlinson's Lessee v. Devore, 1 Gill, 345. Carter v. Tuck, 3 Gill, 251. Tomlinson v. McKaig, 5 Gill, 256. Price v. State, 8 Gill, 311. Barnes v. Compton, 8 Gill, 391. Baylies v. Ellicott, 9 Gill, 453. Bradford v. Jones, 1 Md. 368 Rawlings v. State, 2 Md. 201. Ott v. Dill, 7 Md. 251. American Exchange Bank v. Inloes, 7 Md. 380. Blimline . Cohen, 8 Md. 147. Keighler v. Ward, 8 Md. 254. Coleman v. State, 10 Md. 168. Tucker v. State, 11 Md. 330.