276 ARTICLE 8.

This section has no application where a surety seeks contribution against his co-
surety. Carroll v. Bowie, 7 Gill, 42.

On the question of whether the assignee has been negligent, see Crawford v. Berry,
6 G. & J. 63. Boyer v. Turner, 3 H. & J. 287.

This section applied. Jackson v. Myers, 43 Md. 462.

An. Code, sec. 10. 1904, sec. 10. 1888, sec. 10. 1763, ch. 23, sec. 10.

10. No action shall be maintained in the name of any assignee upon
any assignment mentioned in the 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 obligation, 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.

The assignee of a sealed instrument has no right of action against the assignor
if the assignment is in writing, but not under seal. Talbott v. Suit, 68 Md. 447.

The affidavit under this section held sufficient. Boyer v. Turner, '3 H. & J. 286.

This section applied. Jackson v. Myers, 43 Md. 462; Dorsey v. Barnes, 2 H. &
McH. 477.

Assignment of Wages.

An. Code, sec. 11. 1906, ch. 399.

11. No assignment of wages or salary shall be valid so as to vest in the
assignee any beneficial interest, either at law or in equity, unless such
assignment be in writing, signed by the assignor and ackowledged in person
by him or her before a justice of the peace in and for the city or county,
as the case may be, in which the assignor resides, and entered on the-same
day by said justice of the peace upon his docket; and unless further, within
three days from the execution and acknowledgment of said assignment a
true and complete copy thereof, together with the certificates of its acknowl-
edgment, be served upon the person., firm or corporation by whom said
wages or salary are due or to become due, in the same manner that the
summons in chancery is now required by law to be served; provided, how-
ever, that no assignment of wages or salary by a married person shall be
valid unless the same is also executed and acknowledged as above by the
assignor's wife or husband, as the case may be.

As to the attachment of wages, see art. 9, secs. 33 and 34.

See art. 58A, sec. 17.

An. Code, sec. 12. 1906, ch. 399.

12. Proof of said service, as provided for in the preceding section, shall
be by an admission thereof in writing by the person, firm or corporation,
his, their or its agent on the original assignment, which admission of service
shall also be entered by said justice of the peace upon his docket within two
days thereafter.

An. Code, sec. 13. 1906, ch. 399.

13. In addition to said acknowledgment to be made by said assignor,
he or she, as the case may be, shall make affidavit that he or she has not
paid, and will not, directly or indirectly, pay more than the legal rate