No original execution shall issue as of course upon such recognizance after the expiration of three years from the time therein named for payment of the debt or from the time of the last payment endorsed thereon, but the conusee or his executor or administrator after that time may bring a civil action in the superior court or the district court against the party liable, in like manner and with like effect as upon a judgment.
Mass. Gen. Laws ch. 256, § 8