754+

Acknow-
ledgments
by agents.

A surety
who dis-
charges the
liability to
be entitled
to assign-
ment of all
securities
held by the
eteditor.

Ch. 31. No. 4.] Mercantile Law.

ment or promise or otherwise, judgment may be given and
costs allowed for the plaintiff as to such defendant or
defendants against whom he shall recover, and for the
other defendant or defendants against the plaintiff.

7. An acknowledgment or promise made or contained by
or in a writing signed by an agent of the party chargeable
thereby, duly authorised to make such acknowledgment or
promise, shall have the same force and effect in all cases as if
such writing had been signed by such party himself.

8. No indorsement or memorandum of any payment
written or made upon any promissory note, bill of exchange,
or other writing, by or on the behalf of the party to whom
such payment shall be made, shall be deemed sufficient
proof of such payment, so as to take the case out of the
operation of this Ordinance, or of any other such law or
Ordinance as is hereinbefore mentioned.

9. This Ordinance shall be deemed and taken to apply to
the case of any debt on simple contract, alleged by way of
set-off on the part of any defendant.

10. No action shall be brought whereby to charge any
person upon or by reason of any representation or assurance
made or given concerning or relating to the character,
conduct, credit, ability, trade, or dealings of any other
person, to the intent or purpose that such other person may
obtain credit, money, or goods, unless such representation
or assurance be made in writing, signed by the party to be
charged therewith.

11. Every person who, being surety for the debt or duty
of another, or being hable with another for any debt or duty,
shall pay such debt or perform such duty, shall be entitled
to have assigned to him, or to a trustee for him, every
judgment, specialty, or other security which shall be held
by the creditor in respect of such debt or duty, whether
such judgment, specialty, or other security shall or shall not
be deemed at law to have been satisfied by the payment of
the debt or performance of the duty, and such person shall
be entitled to stand in the place of the creditor, and to use