Chapter One Hundred and Seven of Revised Statutes of 1846.

(4502.) SECTION 1. In actions against two or more persons Form of judg jointly indebted upon any joint obligation, contract or liability, joint debtors. if the process issued against all the defendants shall have been i

ment aga inst 1839, p. 22, Sec:

6 Wend., 550. 10 do. 630. 11 do. 612.

Effect of judg ment as e vidence.

1839, p. 22, Sec.

1.

6 Wend., 206.

Form of Execution, etc.

Proceedings on
Execution.
1839, p. 22, Sec.

2.

served on joint

same proceedings.

duly served upon either of them, the defendant so served shall answer to the plaintiff; and in such case, the judgment, if rendered in favor of the plaintiff, shall be against all the defendants, in the same manner as if all had been served with process.

(4503.) SEC. 2. Such judgment shall be conclusive evidence of the liability of the defendant who was personally served with process in the suit, or who appeared therein; but against every other defendant, it shall be evidence only of the extent of the plaintiff's demand, after the liability of such defendant shall have been established by other evidence.

(4504.) SEC. 3. Execution upon every such judgment shall be issued in form against all the defendants, but the Attorney, Clerk or Court issuing the same shall endorse thereon the names of such of the defendants as were not served with the process by which the action was commenced, and shall direct such execution to be served as provided in the next section.

person

any

(4505.) SEC. 4. Such execution shall not be served upon the of defendant whose name is so endorsed thereon; nor shall it be levied upon the sole property of any such defendant; but it may be collected of the personal property of any such defendant, and owned by him as a partner with the other defendants served, or with either or any of them.

Declaration (4506.) SEC. 5. Where an action against, two or more persons debtor, etc., upon any joint obligation, contract or liability, shall be commenced by the filing and service of a declaration, and it shall appear by the certificate of a Sheriff, or by due proof, that the same has been served upon either of such persons, the defendant so served shall answer to the plaintiff, and the judgment in such action, if rendered in favor of the plaintiff, shall be 1839, p. 22, 23, against all of the defendants, in the same manner as if all had been served with such declaration; which judgment shall have the like effect, and execution thereon shall be issued as if process had been served on one of them.

Sec. 3.

may have scire facias.

When plaintiff (4507.) SEC. 6. In either of the cases mentioned in the preceding sections, the plaintiff in the judment may sue out a writ of scire facias against the defendants therein who were not served with the process or declaration by which the suit was commenced, by which the Sheriff shall be commanded to summon the parties against whom it is issued, to appear before the 1839, p. 23, Sec. Court in which such judgment shall have been rendered, to show, if they have anything to say, why the plaintiff ought not

4.

to have execution against them upon such judgment, in the same manner, and with the like effect, as if they had been served with the process or declaration by which the suit was commenced.

scire facias.

(4508.) Sec. 7. If any such defendant, after being duly sum-Proceedings on moned, shall fail to appear within twenty days after the return day of the writ of scire facias, or if he shall appear and show no sufficient cause to the contrary, the Court shall make an order that execution issue against such defendant in the same manner, and with the like effect, as if he had been served with the process or declaration by which the suit was commenced, and thereupon execution may be issued and served accordingly. (4509.) SEC. 8. When an action shall be prosecuted in any when breaches Court of law, upon any bond for the breach of any condition other than for the payment of money, or shall be prosecuted for any penal sum for the non-performance of any covenant or written agreement, the plaintiff, in his declaration, shall assign the specific breaches for which the action is brought.

to be assigned.

of trial, to be as

(4510.) SEC. 9. Upon the trial of such action, if the jury find Damages in case that any assignment of such breaches is true, and that the sessed. plaintiff should recover damages therefor, they shall assess such damages, and shall specify the amount thereof in their verdict, in addition to their finding upon any other question of fact submitted to them.

verdiet for dama

(4511.) SEC. 10. In every such action, if the plaintiff recover, Judgment on the verdict of the jury, assessing the plaintiff's damages, shall gea. be entered on the record, and judgment shall be rendered for the penalty of the bond, or for the penal sum forfeited, as in other actions of debt, together with the costs of suit, and with a further judgment that the plaintiff have execution to collect the amount of the damages so assessed by the jury; which damages shall be so specified in such judgment. (4512.) SEC. 11. The execution upon such judgment shall be Execution on judgment; direcin the usual form in actions of debt, but shall have endorsed tions. thereon by the Attorney, Clerk or Court issuing the same, a direction to the Sheriff to collect the amount of the damages so assessed, which amount shall be stated, with interest thereon. from the time of such assessment, and the costs of such suit. (4513.) Sec. 12. If the amount so authorized to be levied Judgment how shall be collected, or the plaintiff shall be fully paid and satis-lection of dama fied for the same, the real and personal estate of the defendant' shall be discharged from any further liability for the damages so assessed; but the judgment rendered in such action shall

affected by col

ges.

Scire facias in case of further breaches.

scire facias.

remain as a security for any damages that may thereafter be sustained by the further breach of any condition of such bond, or by the non-performance of any other covenant or written agreement by the defendant, the performance of which was secured by such penal sum.

(4514.) SEC. 13. Whenever such further breaches shall occur, the plaintiff, or his personal representatives, may have a scire facias upon such judgment, suggesting such breaches, against the defendant, and all parties bound thereby, and commanding that they be summoned to show cause why execution should not be had upon such judgment, for the amount of the damages sustained by such further breaches.

Proceedings on (4515.) SEC. 14. The like proceedings to ascertain such damages, shall be had upon such writ as are herein provided in the first instance, and if the plaintiff recover, judgment shall be rendered that the plaintiff have execution to collect the amount of the damages that may have been assessed by the jury.

scire facias, how

Judgment on (4516.) SEC. 15. Upon payment or satisfaction of the amount affected by pay of damages so found, with interest, and the costs and charges

ment of damages. of the proceedings, the defendant and his real and personal estate shall in like manner be discharged from any liability for the damages so assessed, but such judgment shall remain as security for further breaches as hereinbefore provided.

Effect of verdict for defendant.

Suit for damages instead of penalty.

Suing, etc., in name of another.

(4517.) SEC. 16. Whenever, in any action brought according to the foregoing provisions, the jury shall find that any assignment of breeches is not true, the same shall be a bar to any other or further suit, by scire facias or otherwise, for the recovery of any damages alleged to have been sustained by occasion of the same breaches so assigned.

(4518.) SEC. 17. Nothing herein contained shall prevent any person from bringing an action for the breach of any covenant or other contract, instead of suing for the penalty by which the performance of the covenant or contract may have been secured.

(4519.) SEC. 18. Every person who shall, for vexation and trouble, or malicously, cause or procure any other to be arrested, attached, or in any way proceeded against, by any process or proceeding at law, or in equity, or in any other manner prescribed by law, to answer to the suit or prosecution of any person, without the consent of such person, or where there is no such person known, shall be liable to the person so arrested, attached cr proceeded against, in treble the amount

of the damages and expenses which, by any verdict, shall be found to have been sustained and incurred by him; and shall be liable to the person in whose name such arrest or proceeding was had in the sum of two hundred dollars damages, and shall be deemed guilty of a misdemeanor, punishable, on conviction, by imprisonment in the county jail for a term not exceeding six months.

iffs, etc., in spe

(4520.) SEC. 19. Every Sheriff, constable, or other officer, to Liability of Sherwhom shall be directed and delivered any attachment, sum- cial cases. mons, precept to summon a jury, warrant to apprehend a witness or any other person, or any other process authorized to be issued by any Judge, Circuit Court Commissioner, or Justice of the Peace, in any special proceeding or matter before such Judge, Commissioner or Justice, except civil suits before Justices of the Peace, shall execute such process as therein commanded, and for any willful neglect so to do, may be fined by the officer issuing the same, in a sum not exceeding twenty-five dollars.

for default in

(4521.) SEc. 20. When any person shall have been person- Penalty on Jurors ally summoned to attend as a juror, to inquire into any special cases. matter or thing, or to hear and try any controversy, in any special proceding or matter specified in the last section, and shall willfully neglect to attend in pursuance of such summons, he may be fined by the officer issuing the same, in a sum not exceeding twenty-five dollars; but this section shall not extend to any case where other special provision is made by law, for punishing the default of any juror.

attend certain cases.

(4522.) SEC. 21. When any Sheriff, constable or other officer, Sheriffs, etc., to who shall have summoned any jury, in the cases mentioned and dries in in the two last sections, shall be required by the officer issuing such summons, to attend such jury and take charge of them, he shall be bound to do so; and for any willful neglect to obey such order, or for any misconduct while attending such jury, by which the rights or remedies of any party to such proceeding may be impaired or prejudiced, such Sheriff, constable or other officer, shall be liable to be fined by the officer before whom such jury shall have appeared, in a sum not exceeding twenty-five dollars.

(4523.) SEC. 22. Upon any fine being imposed in any of the Notice of fine. cases hereinbefore specified, notice thereof shall be given to the person fined, to the end that he may render any excuse to the officer imposing such fine, or show cause why such fine should be remitted.