Acts. 507

Debt from such Obligor or Obligors that then and in every such
Case the like Action shall and may be Maintainable by such Assignee
against the Obligee or Obligees in such Obligation mentioned in
Case the said Assignee hath not been nor shall be a Surety in the
Bond or Obligation Assigned to him as aforesaid 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 Assignee or Assignees shall not be liable any
such Assignment Notwithstanding

Liber H. S.
No. 1

Provided also that no Action or Actions shall be maintained in
the name or names of any Assignee or Assignees upon any Assign-
ment wherein the Obligee or Obligees may be liable under this Act
upon the Default of the Obligor or Obligors as aforesaid unless
the Assignee or Assignees 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 Obliga-
tion or but such part thereof as shall be mentioned in such Oath or
Affirmation at the Time of making any such Assignment to be
Indorsed on such Bond or Obligation

[But the
assignee
shall first
make Oath,
&c.]

And be it likewise enacted that any Person knowingly Swearing
or Affirming falsly in the Premisses and being thereof Convict by
due Course of Law shall suffer as in the Case of Wilfull and Corrupt
Perjury

[Punishment
for false
Swearing]

And be it further enacted by the Authority aforesaid That an
Attorney being concerned for either Plaintiff or Defendant in any
Case of Equity to be Heard before the County Courts as aforesaid
shall have and receive one hundred Pounds of Tobacco where the
Debt doth not exceed ten Pounds Sterling or two Thousand five
hundred Pounds of Tobacco and where the Debt doth exceed Ten
Pounds Sterling or Two thousand five hundred Pounds of Tobacco
in any such Case the Quantity of Two hundred Pounds of Tobacco
and no more

[Attorney's
fee in cases
of Equity.]

p. 516

17.^th November 1763
Read and Assented to
by the Lower House of
Assembly
Signed p Order
MMacnemara Clk lo Ho:

On behalf of the Right
Honourable the Lord
Proprietary of this Prov-
ince I will this be a Law
Hor.^o Sharpe

19.^th November 1763
Read and Assented to
by the Upper House of
Assembly
Signed p Order
J Ross Clk Upp H.o

The Great Seal
in Wax appendant

No. 23
[No. XXIV]

An Act for the more Effectual Securing of Orphans Estates
Whereas it frequently happens that Executors and Administrators
and Others that Intermarry with Widows do Obtain the Possession
of Real Estate of Orphans within this Province and commit Waste
and Destruction thereupon before any Ballance is transmitted from
the Commissary's Office in which Case no Guardian can be Ap-

[ Passed

21^st of

November]
[Preamble]