LAWS OF MARYLAND.—1763. 107
See 1814, ch. 94, clothing the county court with original equity jurisdic-
tion, and sec 1791, ch. 78; 1815, ch. 163. |
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SEC. 6. Provided always. That nothing in this act contained
shall extend, or be construed to extend, so as to limit, abridge
or restrain, the jurisdiction of the high court of chancery of this
province in any manner or respect whatsoever, but that the said
court shall have the same power, authority and jurisdiction, in
all and every case, as belonged to and was exercised by the said
court before the making this act, any thing herein contained
notwithstanding. |
Proviso. |
SEC. 7. 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 endorse any bill of ex-
change that shall be protested, and the money, tobacco or other
goods, or such part thereof as shall be unpaid by the principal
debtor, shall bo paid or tendered by the surety or endorser, that
the obligee or endorsee 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 princi-
pal debtor, any law, usage or custom, to the contrary notwith-
standing. |
Bonds, &c.
to be as-
signed, &c. |
SEC. 8. And be it enacted, That where any person or persons
hath recovered, or shall recover, any judgment against the prin-
cipal debtor and surety, and such judgment hath been or shall
be satisfied by sureties, that the creditor shall be obliged to
assign such judgement to the surety satisfying the same, and
that the assignee shall be entitled unto and have in his own
name, as assignee, the same execution against the principal
debtor, by virtue of such assignment and this act, as the cre-
ditor might or ought to have had, the said assignment being
first recorded in the same court wherein 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
creditors shall be obliged to assign such judgment to the surety
satisfying the same, and that the assignee shall have and be
entitled to an execution against the other sureties against
whom judgment hath been or shall be obtained by the prin-
cipal creditor, for a proportionable part of the debt or damage
paid by such assignee, any law, usage or custom, to the con-
trary 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 equi-
able course or proceeding whatsoever, any thing in this act to
the contrary notwithstanding. |
Judgments
shall be
assigned,
&c. |
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