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Bail-bond, or other security taken on arrest at suit of common person, assignable to the plaintiff by indorsement in presence of two witnesses,
if forfeited, plaintiff may sue in his own name.
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XVIII. And be it further enacted by the authority aforesaid, That if any person or persons shall be arrested from and after the said first day of Michaelmas term by any writ, bill, or process, issuing out of any of her Majesty's Four courts at Dublin at the suit of any common person, and the sheriff or other officer taketh bail from such person, against whom such writ, bill, or process is taken out, the sheriff or other officer, at the request and cost of the plaintiff in such action or suit, or his lawful attorney, shall assign to the plaintiff in such action the bail-bond, or other security taken from such bail, by indorsing the same, and attesting it under his hand and seal in the presence of two or more credible witnesses; and if the said bail-bond or assignment, or other security taken for bail, be forfeited, the plaintiff in such action, after such assignment made, may bring an action and suit thereupon in his own name; and the court, where the action is brought, may by rule or rules of the same court give such relief to the plaintiff and defendant in the original action, and to the bail upon the said bond or other security taken from such bail, as is agreeable to justice and reason; and that such rule or rules of the said court shall have the nature and effect of a defeazance to such bail bond, or other security for bail.
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