Surety

A surety is one who at the request of another, and for the purpose of securing to him a benefit, becomes responsible for the performance by the latter of some act in favor of a third person or hypothecates property as security therefor. Civ. Code Cal. § 2831; Civ. Code Dak. § 1673. A surety is defined as a person who, being liable to pay a debt or perform an obligation, ls entitled, if It is enforced against him, to be indemnified by some other person who ought himself to have made payment or performed before the surety was compelled to do so. Smith v. Shelden, 35 Mich. 42, 24 Am. Rep. 529. And see Young v. McFadden, 125 Ind. 254, 25 N. E. 284 ; Wise v. Miller, 45 Ohio St 388, 14 N. E. 218 ; O'Conor v. Morse, 112 Cal. 31, 44 Pac. 305, 53 Am. St. Ren. 155; Hall v. Weaver (C. C.) 34 Fed. 106.

— Surety company. A company, usually incorporated, whose business is to assume the responsibility of a surety on the bands of officers, trustees, executors, guardians, etc., in consideration of a fee proportioned to the amount of the security required.

— Surety of the peace. Surety of the peace is a species of preventive justice, and consists in obliging those persons whom there is a probable ground to suspect of future misbehavior, to stipulate with, and to give full assurance to, the public that such offense as is apprehended shall not take place, by finding pledges or securities for keeping the peace, or for their good behavior. Brown. See Hyde v. Greuch, 62 Md. 582.