ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW.

595

44. Where the legal plaintiff in any suit entered for the use of
any person shall die before judgment, the person for whose use the
same may be entered, or his representative, may prosecute the same
to judgment as if the legal plaintiff had not died

Id s 4
1830, c 165, s 2
Legal plaintiff
dying, cestui que
use may prose-
cute suit
40 Md 439

45. The surety in any bond or other obligation for the pay-
ment of money or promissory note, or the indorser of any protested
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

Id s 5
1761, c 23, s 7
Surety paying
bond, etc, en-
titled to assign-
ment
41 Md 573, 580,
7 GUI 34

assignment, maintain an action in his own name against the prin-
cipal debtor

May sue thereon
in his own
name.

46. 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 execution in his own

Id s 6
1763, c 23, s 8
Surety paying
judgment en-
titled to assign-
ment
41 Md 573, 581,
3 Wheat 520.

name against the principal.
47. 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 sureties in the
judgment for a proportionable part of the debt or damage paid by

May issue exe-
cution in bis
own name

Id s 7.
1763, c 23, a 8,
1864, c 243.
Assignment of
judgment to
surely

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.

Remedy against
plaintiff

48. 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 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 recover his debt from the obligor, an action
may be maintained by the assignee against the obligee in such ob-

Id D, s 8
1763, c 23, s 9
Assignee of
sealed instru-
ment may sue
obligor
43 Md 452,
7 Gill 34

ligation, unless the assignee be a surety therein; provided, that
where any debt shall be lost by the negligence or default of the
assignee, the assignor shall not be liable.

Proviso.

49. 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 indorsed 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.

Id s 9
1763, c 23, s. 10
Oath to be made
by obligee be-
fore action can
be maintained
by assignee
43 Md 452,
2 H & McH 477

50. In any case where judgment shall be recovered by the State
against any principal debtor and a surety or sureties, and said judg-
ment 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

1864, c 243
How judgment
of State satisfied
by a surety,
shall be entered
to his use, and
h c be en titled to
proceed against
principal or