262 ASSIGNMENT OF CHOSES IN ACTION. [ART. 8

as upon verdict, confession or non-suit; and in all proceedings
under this article, whether before a judge or justice of the
peace, or arbitrators, costs shall be taxed as are now allowed by
law in similar proceedings, and the same shall be paid equally
by the parties to the dispute; such award shall remain four
days in court during its sitting, after the return thereof, before
any judgment shall be entered thereon; and if it shall appear
to the court within that time that the same was obtained by
fraud or malpractice in or by surprise, imposition or deception
of the arbitrators, or without due notice to the parties or their
attorneys, the court may set aside such award and refuse to
give judgment thereon.

ARTICLE VIII.

ASSIGNMENT OF CHOSES IN ACTION.

1. Assignee of money claims may sue in his own name. 2 Sci fa. by assignee. 3. Defendant's defences against as- signee 4. Death of legal plaintiff before judgment. 5. Surety upon paying the debt, may sue in his own name.

6. When surety may have execu- tion. 7. Payment by one of several sure- ties. 8. Assignment by State's attorney to surety, when authorized. 9. When assignee of bond may sue obligee. 10. Oath to be made by obligee at time of assignment.

1888, art. 8, sec. 1. 1860, art 9, sec. 1. 1829, ch. 51. 1830, ch. 165, sec. 1.
1. The assignee of any judgment, bond, specialty, or other
chose in action for the payment of money, or any legacy or
distributive share of the estate of a deceased person bona fide
entitled thereto by assignment in writing signed by the person
authorized to make the same, may, by virtue of such assign-
ment, maintain an action or issue an execution in his own name
against the debtor therein named, in the same manner as the
assignor might have done before the assignment.

McNulty v Cooper, 3 G & J. 214. Schnebly v. Ragan, 7 G. & J. 120.
Kent v. Somervell, 7 G. & J. 265. Lamar v Manro, 10 G & J. 50. Jones v.
Hardesty, 10 G. & J. 419. Gordon v. Downey, 1 Gill, 41. Chesley v. Taylor,
3 Gill, 251. Crawford v. Brooke, 4 Gill, 222. Dakin v. Pomeroy, 9 Gill, 6.
N. Y. Life Ins. Co. v. Flack, 3 Md 354. Cox v. Sprigg, 6 Md 286. McDowell
v. Goldsmith, 6 Md. 343. Watson v. Bane, 7 Md. 126. Robinson v. Marshall,