5.80 B A I L . Book XVIIÏ.
claimant had remitted part of the debt to: the furety; and' as, in cate
of remiffion of the debt by the claimant, the furety has no right to re-
ceive any thing, from the debtor —it follows that, in the cafe of com*
poftion alfo, he has no right to, receive more than he has adtually
paid.
He cannot A surety' has no right to advance any claim on'the principal until.
burfement1"' he make payment on his account, becaufe he does not become pro-
aftuall6 dT Prfet°r of the debt until he pays it.—It is- otherwife with refpedt to as
charged the agent- fo r pur chafe % as he is entitled, to receive from his conftituent
Uie™ ^ e price of the merchandize previous to the payment o f it on his part.
The reafon of this is that there virtually fubfifts a contraft of exchange
between the conftituent and his agent; becaufe the right of property
is firft eftablilbed in the-agent, and: afterwards- fhifts to the conftitu-
ent;—and hence they hand to each other in the relation of buyer and
feller;—whence it is permitted to-the agent to.detain the merchandize,
from his conftituent until he receive the price from. him..
bnt he may If the claimant importune the furety in purfuit of his claim, then
ddman^pio- the furety may in the fame manner importune the principal or furetee.
ceeds. If, alfo, the furety be imprifoned by the claimant, heis in.the fame man-
ner entitled to imprifon the principal-
Heis releafed I f the claimant remit the debt to the furetee, or receive payment of
to thepnhrfb ^ ^rom ^im, the furety is in that cafe rdeafed from his engagement,
pal; but the becaufe the debt, in reality, is due by the fureteebut if he exempt
not releafed the furety', the furetee (or principal') does not' thereby become ex-
cmPtec' from his debty becaufe the furety is merely a dependant -, and,
alfo, becaufe he is liable only to"a clciim, whereas the debt exifts in the
principal independent of-fuch claim.
of a 'fu/penfan claimant allow the principal a refpite from his claim, or
of the claim, fufpend his claim upon him to a more diftant period, fuch refpite or
fufpenfion
C h a f . I ; B A I E, 581
fufpenfion of claim operates alfo in favour of the furety;— but if'he
«rant a refpite of his claim to the furety, it does not operate in favour
of the principal;— becaufe refpite or fufpenfion, as being a temporary
remiffion, is therefore analogous; to an abfolute remiffion.— It is other-
wife where, the debt being immediately due, the creditor-accepts bail.
for the payment at the period of a month afterwards; - for this fufpenfion
of his claim for a month operates- alfo in favour of the principal,.
becaufe here the period of fufpenfion agreed upon is a circumftance
annexed to the debt, which,, at the time of contracting the bail,, was
immediately due..
IF a furety, ima debt of one thoufand dtrmsi compound with the
Creditor for a payment of five hundred dirms, in that cafe both the
principal and the furety become exempted from their refpeflive obligations
for the remaining five hundred dirms-,— becaufe the furety
having referred the compofition to the thoufand dirms due by the
principal, the principal becomes thereby releafed from his obligation
by the payment of five hundred dirms; for compofition is a cancelling
of part of the debt;—and the-releafe of the debtor from his obligation
occafions the releafe of the furety.— He. is alfo in this cafe entitled to
five hundred dirms from the furety, provided he entered into the
bail : with- his confent.— It were - otherwife. if the - furety fhould
compound the debt for fome thing of a different fpecies, (as if, in-
Head of the dirms, he fhould agree to pay a particular number o i deenars,
or any article of merchandize;) for in fuch cafe heds entitled to a full
payment of the debt, fince fuch compofition is in the nature o f a con-
traft of exchange, and' the furety becomes proprietor of the .debtin.
virtue of his having given a confideration for it.
' If the furety compound with the creditor for an exemption from
the obligation contradted by him in virtue of the bail, the principal is
not thereby exempted, becaufe the faid compofition is. merely an exemption
A furety,
compounding
the debt of
the principal
with the
claimant, discharges
both
from any fur-
therdemands;
and has a
claim upon
the furety for
what he. pays
in compoli-
tion*
Afarety compounding
for
ah exemption
on his own
behalf does