§ 7501. Benefit of State and injured person. Every recognizance and bond, acknowledged or executed, pursuant to any law, or by the direction of the Governor, or of any court, by an executor, administrator, sheriff, or other officer, or person, to the State, with condition for the payment of money, or the execution, or performance, […]
§ 7502. Right of action by injured person; title of action. Every person injured by the breach of the condition of any public recognizance or bond may, in the name of the State, but for such person’s own use, institute an action upon such recognizance or bond, and prosecute the same to judgment and execution. […]
§ 7503. Judgment for less than penalty; security for further damages. A recognizance, bond, or penal sum, shall not be extinguished by a judgment in an action thereon, if for a sum as debt less than the penalty, but shall remain as a security for any damages sustained, or to be sustained on occasion of […]
§ 7504. Limitation of liability. Nothing contained in this chapter shall make a recognizor, obligor, or other party liable for damages beyond the penalty of his or her recognizance, bond, or specialty; or in any manner extend, abridge, or alter the legal operation of any recognizance or other instrument. Code 1852, § 2580; Code 1915, […]
§ 7505. Inadequate penalty; priority of claims. If the penalty of a recognizance or bond, acknowledged or executed as mentioned in § 7501 of this title, is not adequate to cover all the damages sustained on occasion of the breaches of the condition thereof, and such damages are sustained by several persons, such persons shall […]
§ 7506. Installment payments, recovery of. Sections 7501-7505 of this title shall extend to an action upon a bond or specialty in a penal sum with condition for the payment of money or interest of money by installments or on different days, unless such action is commenced after all the sums, whether for principal or […]
§ 7507. Proceedings to compel entry of satisfaction. (a) In all cases where recognizances are liens on real estate in this State, and the same have been paid, and the recognizees, or their executors, administrators or assigns, refuse or neglect to enter satisfaction of such recognizance, on the record thereof in the office where the […]
§ 7508. Applicability of §§ 7501-7507 to judgments on warrant of attorney. None of the provisions of §§ 7501-7507 of this title shall extend to a warrant of attorney to confess judgment, nor to any action or judgment entered or confessed in pursuance of such warrant of attorney. Code 1852, § 2585; Code 1915, § […]
§ 7509. Lien on lands of public officer as obligor. Every recognizance or obligation acknowledged for a penal sum, with condition for the performance, by an officer, of the duties of the officer’s office, or of any public trust, shall, from the caption of such recognizance, or from the time of the acknowledging and approving […]
§ 7510. Entry of satisfaction. Every person to whom a sum is due by a recognizance taken in the Court of Chancery, receiving satisfaction of the same, shall, within 60 days thereafter, cause such satisfaction to be entered upon the record of such recognizance. Such satisfaction shall be entered by the Register in Chancery upon […]
§ 7511. Default in satisfaction; amount of damages. Every person committing a default under § 7510 of this title shall be liable to the recognizor in such recognizance, or the executors or administrators of such recognizor, in damages to be recovered by a civil action. The damages shall not be less than $10, nor more […]
§ 7512. Copy as evidence; production of original. (a) If any recognizance or bond, mentioned in § 7501 of this title, shall according to law be recorded or deposited in any public office, a copy of such recognizance or bond, or of the record thereof, duly certified, shall be competent evidence. (b) Any court, for […]
§ 7513. Written obligation without penalty. An obligation in writing, executed under the hand and seal of the obligor, by which the obligor binds himself or herself to pay a certain sum of money at a designated time, with interest, costs and counsel fees, as provided by law, shall be construed to be a bond, […]
§ 7514. Location of realty of persons signing bonds or recognizances. Where the signature of an owner of realty is required upon any bond or recognizance in any court of this State or before any justice of the peace of this State, it shall not be required that the owner own realty in the county […]
