
    *The Commonwealth v. Samuel Haines.
    Recognizance — Default — Scire Facias — Abatement-Revival — Case at Bar. — On a joint recognizance by three persons, default being made, a sci. fa. was awarded, which abated by return as to one, by death as to the second, and the third pleaded to issue, after which he died. Ascirefacias to revive, was proper against the personal representative of the third conuzor, though not against his heirs. But original process of sci. fa. will lie against the heirs of the said third conuzor, and against the heirs and personal representatives of the second deceased conuzor.
    
      Adjourned Case from Montgomery. George Helm, Sampson Patton, and Samuel Haines, had entered into a joint recognizance, in the penalty of five hundred dollars, to be levied of their lands and tenements, &c. conditioned for the appearance of the said George Helm, at the then next Court, and to hear the judgment of the Court on a certain verdict rendered against him in a prosecution for Perjury. Helm made default, and thereupon a scire facias was awarded against the three conuzors, which appears to have been served on Haines and Patton, but as to Helm was returned “no inhabitant.” No further proceedings were had against Patton, who shortly after died. Haines pleaded to issue, and pending the issue, died. Haines survived Patton. The questions adjourned were, whether a scire facias to revive, could be awarded against the administrators or heirs of either of them ; and whether original process could be awarded against the administrators or heirs.
   Per Curiam.

“It appearing that in this Case the scire facias on the recognizance abated as to Helm, one of the conuzors, by the return, and that, of the other two conu-zors, Haines was the survivor, it is the unanimous opinion of the Court, that a sci. fa. to revive against the personal representatives of the said Haines, will lie, though not against his heirs ; and that original process will lie against the heirs of the said Haines, or against the personal representatives, or heirs of Patton, the other deceased conuzor.”

Note (in edition of 1853). — By the Act concerning' partitions, joint rights, and obligations, passed in 1786, § 3, it is enacted, that the “representative of one jointly bound with another for the payment of a debt, or for performance, or forbearance of any act, or for any other thing, and dying in the lifetime of the latter, may be charged by virtue of such obligation, in the same manner as such representatives might have been charged if the obligors had been bound severally, as well as jointly.” 1 Rev. Code of 1819, ch. 98, § 3. A recognizance is an obligation of record, and therefore this Raw extends to joint recognizances, as well as to joint bonds.  