676 ORDINANCE No. 13 OF 1864 .
Mercantile Law Amendment.
any part thereof cannot be found, and unless the Court shall otherwise
order, the sheriff or other officer of such Court of Record shall distrain
the defendant by all his lands and chattels in the Colony , till the defendant
deliver such goods, or at the option of the plaintiff, cause to be made of
the defendant's goods the assessed value or damages , or a due proportion
thereof; provided that the plaintiff shall, either by the same or a separate
writ of exccution, be entitled to have made of the defendant's goods the
damages, costs, and interest in such action or suit .
Consideration 4. No special promise to be made by any person, after the passing
for guarantee
need not of this Ordinance to answer for the debt, default, or miscarriage ofanother
appear by
writing. person , being in writing, and signed by the party to be charged therewith ,
or some other person by him thereunto lawfully authorized , shall be
deemed invalid to support an action , suit, or other proceeding to charge
the person by whom such promise shall have been made, by reason only
that the consideration for such promise does not appear in writing, or by
necessary inference from a written document.
Guarantee to 5. No promise to answer for the debt, default , or miscarriage of
or for a firm
to cease upon another made to a firm consisting of two or more persons , or to a single
a change in
the firm ex person trading under the name of a firm , and no promise to answer for
cept in spe
cial cases. the debt, default, or miscarriage of a firm consisting of two or more
persons, or of a single person trading under the name of a firm, shall be
binding on the person making such promise in respect of anything done
or omitted to be done after a change shall have taken place in any one or
more of the persons constituting the firm, or in the person trading under
the name of a firm , unless the intention of the parties, that such promise
shall continue to be binding notwithstanding such change, shall appear
either by express stipulation or by necessary implication from the nature
of the firm or otherwise.
A surety who 6. Every person who , being surety for the debt or duty of another,
discharges
the liability or being liable with another for any debt or duty, shall pay such debt or
to be entitled
to assignment perform such duty, shall be entitled to have assigned to him , or to a
of all secu
rities held by trustee for him, every judgment, specialty, or other security which shall
the creditor.
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 cred
itor, and to use all the remedies, and , if need be, and upon a proper in
demnity, to use the name of the creditor, in any action or other proceed