
    CONSTITUTIONAL COURT, COLUMBIA,
    DEC. 1811.
    Duncan, Assignee of Simpson, v. Wilbanks, Adm’r of Simpson.
    Only such bonds are assignable as are for the payment of money, and not such as may be discharged by the performance of some other act.
    Motion to set aside verdict, and enter a judgment of nonsuit. The action was debt on a bond, conditioned to make titles to land, tried before GRImke, J., in the Court of Common Pleas for Union district.
    S. Farkow, in support of the motion,
    contended that the bond was not assignable under the Act of Assembly OÍT798, (2 Faust’s Coll. 114,) as from the condition, it appears not to be for the payment of money. This method of taking advantage of the error of tlie plaintiff is proper. Cited 2 T. R. 569. 4 Esp. Rep. 255. The act meant to make assignable such specialities 'and notes whereon a sum of money is due and payable, — not by way of damage for breach of contract.
    Gist, contra.
    
    The intention of the legislature in passing the act must be collected from the act itself. The expression of the act authorises the assignee of a bond to bring an action of debt in his own name. The word “ bond” is general in its signification. The act did not mean to restrain the meaning to any particular description of bonds. It is a bond for money. The penal sum is to be recovered as money duo. The condition is for the benefit of the obligor. Let him take advantage of it. He is entitled to do so by the express provision of the act, for the bond, although assigned, is subject to all the equity to which it would be subject if it had not been assigned. Vide, ante, Warnock v. Anderson, 2.
   Waties, J.,

delivered the opinion of the court. The condition of .the bond is to make titles to land, and not to pay money. Only such bonds are assignable as are for the payment of money, and not such as may be discharged by the performance of some other act, than the payment of a sum of money certain. Bail bonds are not assignable under this act.

The motion was granted.  