44 ASSIGNMENT OF CHOSES IN ACTION. [ART. 9.

tested bill of exchange, who shall pay or tender the money due
thereon, whether the whole be due or part has been previously
paid, shall be entitled to an assignment thereof; and may, by
virtue of such assignment, maintain an action in his own name
against the principal debtor.

6. Where any person shall recover a judgment against the
principal debtor and surety, and the judgment shall be satisfied
by the surety, the creditor shall assign the same to the surety;
and such assignment being recorded in the court where the
judgment was rendered, the assignee shall be entitled to execu-
tion in his own name against the principal.

7. Where any judgment shall be rendered against several secu-
rities, and one of them shall satisfy the whole, the plaintiff shall
be obliged to assign such judgment to the surety satisfying the
same, who shall be entitled to execution against the other sure-
ties in the judgment for a proportionable part of the debt or
damage paid by such assignee; Provided, that no defendant shall
be precluded or debarred of his remedy against the plaintiff by
audita querela, or other equitable course or proceeding.

8. The assignee of any bond or other obligation under seal that
has been assigned under hand and seal, may maintain an action
in his own name against the obligor therein named—and if such
obligor shall be unable to pay the debt mentioned in the obli-
gation, 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 recover his debt from the obligor,
an action may be maintained by the assignee against the obligee
in such obligation, unless the assignee be a surety therein; Pro-
vided, that where any debt shall be lost by the negligence or
default of the assignee, the assignor shall not be liable.

9. No action shall be maintained in the name of any assignee
upon any assignment mentioned in the last preceding section,
upon the default of the obligor, unless the obligee shall have
made or shall make oath, to be endorsed on such bond or obliga-
tion, before some justice of the peace, that he hath received no
part of the sum mentioned in such obligation, or but such part
thereof as shall be mentioned in such oath, at the time of making
such assignment.