ART. 9.] ATTACHMENTS. 65

P. G. L , (1860,) art. 9, sec. 8. 1763, ch. 23, sec. 9.

9. The assignee of any bond or other obllgation 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 obliga-
tion, 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 obllgation, 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.

Parrott v. Gibson, 1 H. & J. 398. Gover v. Christie, 1 H. & J 67. Boyer v.
Turner, 3 H. & J. 285. Lewis v. Hoblitzell, 6 G. & J. 259. Crawford v. Berry,
6 G. & J. 63. Carroll v. Bowie, 7 Gill, 34. Trustees of Poor v. Pratt, 10 Md.
13. Jackson v. Myers, 43 Md. 452. Talbott v. Suit, 68 Md. ——.

Ibid. sec. 9. 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
BB shall be mentioned in such oath, at the time of making such
assignment

Dorsey v. Barnes, 2 H. & McH. 477. Talbott v. Suit, 68 Md. ——.

ARTICLE IX.

ATTACHMENTS.

Non-resident and Absconding Debtors. 1. Plaintiffs, who may be. 2. Defendants, -who may be. 3. Definition of absconding. 4. Affidavit to authorize attachment. 6. Before whom to be made. 6. How to be certified. 5

7. By whom to be made. 8. Clerk to issue attachment. 9. Writ of summons. 10. What may be attached. 11. Clause of sd. fa. 12. Judgment of condemnation. Exe- cution. 13. Proceedings on judgment nisi.