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 equitable Course or Proceeding whatsoever, any thing in this Act
to
the contrary notwithstanding.
IX. 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 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
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 Assignor or Assignors shall
not be
liable, any such Assignment notwithstanding.
X. Provided also,
That no Action or Actions shall be maintained in the
Name or Names of any Assignee or Assignees, upon any Assignment wherein
the Obligee or Obligees may be liable under this Act, upon the Default
of
the Obligor or Obligors as aforesaid, unless the Assignor or Assignors
have
made, or shall make Oath (or Affirmation if a Quaker) before some Magistrate,
" That he, she, or they, hath or have, received no Part of the Sum
" mentioned in such Obligation, 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.
XI. And be it
likewise Enacted, That any Person knowingly Swearing or
Affirming falsly in the Premises, and being thereof convict, by due Course
of Law, shall suffer as in the Case of wilfiul and corrupt Perjury.
XII. 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.
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CHAP.
XXIII.
Defendant
may have Audita
Querela.
Bonds, &c.
being assigned
under Hand
and Seal, the
Assignee (unless
he be a
Surety thereto)
may maintain
Action
in his own
Name against
the Obligee.
Assignor, in
what Case
not liable.
But the ASsignor
shall
first make
Oath, &c.
Punishment
for false
Swearing.
Attorney's
Fee in Cases
of Equity.
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