ART. 8] RIGHT OF ACTION OF ASSIGNEE. 265

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 con-
tained in the two preceding sections.

1888, art. 8, sec. 9. 1860, art. 9, sec. 8. 1763, ch. 23, sec. 9.

9. 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 obligation, 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.

Parrott v. Gibson, 1 H. & J. 398. Gover v. Christie, 2 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. Taylor v. Suit, 68 Md. 443.

Ibid. sec. 10. 1860, art. 9, 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 sec-
tion, 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.

Dorsey v. Barnes, 2 H. & McH. 477. Taylor v. Suit, 68 Md. 443. Steele v
Sellman, 79 Md. 6.