Page:United States Reports, Volume 1.djvu/39

 28  It has been aid, that it is obligor’s fault not to have the payment indored on the bond: but it is not in his power, for the money mut be paid before he is entitled to a receipt; and then, if the obligee is a bad man, he may refue to indore it.

We are, therefore, clearly of opinion, that an aignee takes the bond at his own peril; and that he tands in the ame place as the obligee, o as to let in every defalcation which the obligor had againt the obligee, at the time of the aignment, or notice of aignment. The only intent of the act being to enable the aignee to ue in his own name, and prevent the obligee from releaing after aignment.

Judgment for the Defendant. 

N  to Cheter, to remove an order and judgment of eions, for the removal of James Heany.

Exceptions taken to the proceedings below—That it did not appear the pauper had been examined; nor was any reaon et forth why he was not: That natural jutice required he hould be heard before he was removed. And the following caes were cited:—2 Salk. 488. to hew the examination mut be by two Jutices.—2 Stra. 1092. S. P. And. 238.—''Sett. Cas. c.'' 18.

But it was anwered: 1t. That it was not neceary that the examination hould appear on the face of the order. Jutices are not obliged to et forth evidence, or every little circumtance; that when nothing is et forth which appears to be wrong, the Court will make an intendment in favour of their order. An order to a common intent good. 1 Stra. 211. That it is not neceary to et forth the ummons and examination of the party.—1 Stra. 474. 630. 211. 2d. Lord Ray. 1406.

2d. That even if it was neceary, there are words in the order equivalent, viz. on due conideration, which implies due examination—3 ''Burn. Ses. Cas. Alo the words due proof. Alo, the words on the examination of Samuel Henry “as otherwie''.”

That in the caes from Salkeld, there appeared a defect of examination on the order, it having been taken by one Jutice intead of two.

.—No cae can be hewn, where an order was deemed bad, becaue the examination did not appear on the face of the order.

Comb. 474. is a book of no great authority, and this cae is contradicted by many others.—We are of opinion that it is not neceary that an examination hould appear on the face of the order; nor is it neceary that the examination of any peron ould be et forth. If any pauper was injured by a removal, the remedy might be had