Chap. 77.—An ACT to amend and re-enact section 17 of chapter 173
of the Code of 1873, with reference to Assignment of Breaches in
Actions on Annuity or other Bonds.

Approved February 5, 1875.

1. Be it enacted by the general assembly of Virginia, That
section seventeen of chapter one hundred and seventy-three
of the Code of Virginia (edition of eighteen hundred and
seventy-three), b2 amended and re-enacted so as to read as
follows:

§ 17. In an action on an annuity bond, or a bond for money
payable by instalments, where there are further payments
of the annuity, or further instalments to become due, after
the commencement of the action, or in any other action for
a penalty for the non-performance of any condition, cove-
nant or agreement, the plaintiff may assign as many
breaches as he may think fit, and shall, in his declaration
or scire facias, assign the specific breaches for which the
action is brought, or the scire facias sued out. The jury
empaneled in any such action shall ascertain the damages
sustained, or the sum due, by reason of the breaches assigned,
and judgment shall be entered for the penalty to be dis-
charged by the payment of what is so ascertained, and such
further sums as may be afterwards assessed, or be found due
upon a scire facias assigning a further breach; such scire
facias may be sued out from time to time, by any person in-
jared, against the defendant or bis personal representative
and for what may be assessed or found due upon the new
breach or breaches assigned, execution may be awarded.

2. This act shall be in force from its passage.