506 Assembly Proceedings, October 4-November 26, 1763.

Liber H. S.
No. 1

have the same Power Authority and Jurisdiction in all and every
Case as belonged to and was received by the said Court before the
making this Act any thing herein contained Notwithstanding

[Where any
surety, &c.
discharges a
Bond or
Protested
Bill, it shall
be assigned
to him by
the Obligee
&c. and he
shall have
action in his
own name
against the
principal
Debtor]

And be it enacted That where any Person or Persons is or are
bound in any Bond or other Obligation for the Payment of Money
Tobacco or other Goods or Indorse any Bill of Exchange that shall
be Protested and the Money Tobacco or other Goods or such part
thereof as shall be unpaid by the Principal Debtor shall be Paid or
tendered by the Surety or Indorser that the Obligee or Indorsee shall
be Obliged to Assign such Bond Obligation or Protested Bill
to the 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

[Where the
Surety
satisfies
judgment
it shall be
assigned to
him by the
Creditor,
and he
shall have
Execution
against the
Principal.
Where one
Surety
satisfieth the
whole, he
may have
Execution
against
the other
Sureties
for a pro-

portionable

Part. De-
fendant may
have Audita
Querela.]

p. 515

And be it enacted That where any Person or Persons hath re-
covered 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 Judgment
to the Surety Satisfying the same and that the Assignee shall be
entituled unto and have in his own name as Assignee the same
Execution against the Principal Debtor by Virtue of such Assign-
ment and this Act as the Creditor might or ought to have had, The
said Assignment being first Recorded in the same Court wherin
the Judgment shall have been rendered or Obtained 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 entituled to an Execution 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 Not-
withstanding Provided always that no Defendant or Defendants
shall be Procluded or debarred of his or their remedy against the
Plaintiff by Audita Querela or other equitable Course or Proceeding
Whatsoever any thing in this Act to the Contrary Notwithstanding

[Bonds &c.
being
assigned
under Hand
and Seal, the
Assignee
may main-
tain Action
in his own
Name
against the
Obligee]

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 Assign-
ment 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 mentioned
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