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

sion on the part of the appellant or plaintiff in error, the said
record shall not be sent to the Court of Appeals within nine
months after the appeal has been entered, or writ of error pro-
duced, the court from which the appeal was taken may, on
motion, strike out the entry of such appeal, and proceed to exe-
cution, or other proceedings, as if such appeal had never been
entered, and thereafter no other appeal or writ of error shall be
allowed.

3. The clerk or judge of any court of law or equity, shall
approve any bond under the preceding section, but no appeal
bond in any case shall be approved, and no execution upon any
judgment, order or decree in any of the courts of law or equity,
shall be stayed or delayed by an appeal, unless the person or
persons against whom such judgment, order or decree has been
recovered or passed, his heirs, executors or administrators, shall
upon praying such appeal, file in the case an affidavit that said
appeal is not taken for delay.

Passed March 10, 1864.

Chapter 268 suspends the operation of the proviso to section 33, relating to stay
of execution, (I. Supplement, 18-26. ) See Article XXIX.

ARTICLE IX.

Assignement of Choses in Action.

Chapter 243 adds the following section, to follow the 7th section of this Article:

SEC. 1. In any case where judgment shall be recovered by
the State against any principal debtor and a surety or sureties,
and said judgment shall be satisfied by said surety or sureties,
the same shall be entered by the attorney representing the State
to the use of the surety or sureties satisfying the same, on the
said attorney filing in the case a certificate of the Comptroller
stating that said judgment has been so satisfied, and said surety
or sureties shall then be entitled to execution in his or their
own name or names against the principal and the other sureties,
in the same manner and subject to the same provisions provided
in the two last preceding sections.

Passed March 10, 1864.