272 Assembly Proceedings, Oct. 2-Nov. 17, 1753.

Liber H. S.
No. I

Surety paying or tendering the Money, Tobacco, or other Goods, due
as aforesaid; and that the Assignee shall and may by Virtue of such
Assignment and this Act, have an Action in his or her own Name,
against the principal Debtor; any Law, Usage, or Custom, to the
contrary notwithstanding.

[Judgment.

given
against and
satisfied by
Sureties,
&c:]

And be it Enacted, That where any Person or Persons hath recov-
ered, or shall recover, any Judgment against the principal Debtor
and Surety, and such Judgment hath been, or shall be, satisfied by
Sureties, that the Creditor shall be obliged to assign such Judg-
ment to the Surety satisfying the same, and that the Assignee shall
be entitled unto, and have the same Execution against the principal
Debtor, by Virtue of such Assignment and this Act, as the Credi-
tor might or ought to have had; and that where any Judgment hath
been, or shall be, rendered against several Sureties, and one of them
hath satisfied, or shall satisfy the whole, the Plaintiff, or Creditor
shall be obliged to assign such Judgment to the Surety satisfying the
same, and that the Assignee shall have, and be entitled to an Execu-
tion against the other Sureties, against whom Judgment hath been,
or shall be, obtained by the principal Creditor, for a proportionable
Part of the Debt or Damage paid by such Assignee; any Law, Usage,
or Custom, to the contrary notwithstanding. Provided always, That
no Defendant, or Defendants, shall be precluded or debarred of his
or their Remedy against the Plaintiff, by Audita querela, or other
Proceeding whatsoever; any Thing in this Act to the contrary
notwithstanding.

[Bonds, &c.
may be as-
signed and
the Assignee
to maintain
an Action.]

p. 4

And be it Enacted by the Authority aforesaid, .That upon all
Bonds, or other Obligations, under Seal, that have or shall be assigned
under Hand and Seal, the Assignee shall and may, by Virtue of such
Assignment, maintain an Action or Actions in his or her Name,
against the Obligor or Obligors therein named; and if it shall happen
that such Obligor or Obligors shall be unable to pay, the Debt men-
tioned in such Obligation, or cannot be found in the Place or County
of his usual Abode, or any other Thing or Casualty should happen,
whereby the Assignee should not be able to receive or recover his
Debt from such Obligor or Obligors, that then, and in every such

[In Case of

Default of

the As-
signee.]

Case, the like Action shall and may be maintainable, by such Assignee,
against the Obligee or Obligees in such Obligation mentioned; any
Law, Usage, or Custom, to the contrary notwithstanding. Provided,
That where any Debt shall be lost by the Negligence or Default of the
Assignee or Assignees, that the Assignor or Assignors shall not be
liable, any such Assignment notwithstanding.

[No Action
to be main-
tained but by
the Oath of
the As-
signor.]

Provided also, That no Action or Actions shall be maintained in
the Name or Names of any Assignee or Assignees, unless the
Assignor or Assignors have made or shall make Oath (or Affirma-
tion, if a Quaker) before some Magistrate, that he, she, or they, hath
or have received no Part of the Sum mentioned in such Obligation,