1843 Bouvier Surety

SURETY, contract., is a person who binds himself for the payment

' of a sum of money or for the performance of something else, for
another, who is already bound for the same. The surety differs from bail
in this, that the latter actually has, .or is by law presumed to have, the
custody of his principal, while the former has no control over him. The
bail may surrender his principal in discharge of his obligation; the surety
cannot be discharged by such surrender. In Pennsylvania it has been
decided that the creditor is bound to sue the principal when requested by
the surety, and the debt is due; and that when proper notice is given by
the surety that unless the principal be sued, he will consider himself
discharged, he will be so considered, unless the principal be sued. 8
Serg. & Rawle, 116; 15 Serg. & Rawle 29, 30; S. P. in Alabama, 9
Porter, R. 509. Vide Suret111l&ip.

SURETY OF THE PEACE,crim.lato, is a security entered into

before some competent court or officer, by a party accused, together
with some other person, in the form of recognizance to the
commonwealth in a certain sum of money, with a condition that the
accused shall keep the peace towards all the citizens of the
commonwealth. A security for good behavior is a similar recognizance
with a condition that the accused shall be of good behaviour. This
security may be demanded by a court or officer having jurisdiction from
all persons who threatened to kill or to injure others, or who by their acts
give reason to believe they will commit a breach of the peace. And even
after an acquittal a prisoner may be required to give security of the peace
or good behaviour, when the circumstances of the case justi(v a court in
believing the public good requires it.
2 Yeates, R. 437 ; Bae. Ab. h. t. ; 1
Binn. R. 98, note; Com. Dig. h. t.;
Vin. Ab. h. t.; Bl. Com. B. 4, c. 18,
p. 251.
SURETYSHIP, contracta, is an acceesory agreement by which a
person binds himself for another already bound, and promises to the
creditor to satisfy the obligation, if the debtor does not. It can be given
only for valid contracts; a man may, however, become surety for an
obligation of which the principal debtor might get a discharge by an
exception merely personal lo him, such as that of being a minor or a
married woman. A surety is discharged if the creditor and the
principal debtor change the nature of the original contract in any degree,
without the consent of the surety. 15 East, R. 617, n. and vide Yelv. 47
n.; 20 Vin. Ab. 101; 1 S11pp. to Ves. jr. 220, 498, 9 ; Aylitfe's Pand. 559 ;
Poth. Obi. part 2, c. 6. Vide ~ Bell's Com.