646

LAWS OF MARYLAND.

del county, shall pay said sums as embraced in the

preceding section, when it shall have been paid over

to him, to the Board of County School Commission-

ers for Anne Arundel county.

In force.

SEC. 3. And be it enacted, That this act shall take

effect from the date of its passage.

Approved April 8, 1876.

CHAPTER 398.

AN ACT to repeal sections twelve and thirteen of

article seventy-five of the Code of Public General

Laws, entitled "Pleadings, Practice and Process,"

sub-title " Pleading,". And to re-enact the same

with amendments.

SECTION 1. Be it enacted by the General Assembly of

Amended and
re-enatced .

Maryland, That sections twelve and thirteen of arti-

cle seventy-five of the Code of Public General Laws,

be and the same are hereby repealed, amended and

re-enacted so as to read as follows :

12. In any suit brought on any judgment or bond

File such de-

or other writing sealed by the party, if the defend-

mand.

ant shall have any demand or claim against the

plaintiff, upon judgment, bond or other instrument

under seal, or upon bill of exchange, check, order

for payment of money, promissory note, agreement,

assumpsit or account proved, he shall be at liberty

to file such demand or claim in bar, or plead the

same in discount of the plaintiffs claim and judg-

ment for the excess of the one claim over the other,

as each is proved, with costs of suit shall be given

for .the plaintiff or the defendant, according as such

excess is found in favor of the one or the other of

these parties, if such excess be sufficient to support

a judgment in the court, when the cause is tried ac-

cording to its established jurisdiction, otherwise the