to the acceptance by the heads of public departments of guarantees given by companies for the due performance of the duties of an office or employment in the public service, and enables the Commissioners of His Majesty's Treasury to vary the character of any security, for good behaviour by public servants, given after the passing of the act. Before the surety can be rendered liable on his guarantee, the principal debtor must have made default. When, however, this has occurred, the creditor, in the absence of express agreement to the contrary, may sue the surety, without even informing him of such default having taken place, or requiring him to pay, and before proceeding against the principal debtor or resorting to securities for the debt received from the latter. In those countries where the municipal law is based on the Roman civil law, sureties usually possess the right (which may, however, be renounced by them) originally conferred by the Roman law, of compelling the creditor to insist on the goods, &c. (if any) of the principal debtor being first "discussed," i.e. appraised and sold, and appropriated to the liquidation of the debt guaranteed (see Codes Civil, Fr. and Bel. 2021 et seq.; Spain, 1830, 1831; Port. 830; Germany, 771, 772, 773; Holland, 1868; Italy, 1907; Lower Canada, 1941-1942; Egypt [mixed suits] 612; _ibid._ [native tribunals] 502), before having recourse to the sureties. This right, according to a great American jurist (Chancellor Kent in _Hayes_ v. _Ward_, 4 Johns. New York, Ch. Cas. p. 132), "accords with a common sense of justice and the natural equity of mankind." In England this right has never been fully recognized. Neither does it prevail in America nor, since the passing of the Mercantile Law Amendment Act (Scotland) 1856, s. 8, is it any longer available in Scotland where, prior to the last-named enactment, the benefit of discussion, as it is termed, existed. In England, however, before any demand for payment has been made by the creditor on the surety, the latter can, as soon as the principal debtor has made default, compel the creditor, on giving him an indemnity against costs and expenses, to sue the principal debtor if the latter be solvent and able to pay (_per_ A. L. Smith, L.J., in _Rouse_ v. _Bradford Banking Company_, 1894, 2 Ch. 75; _per_ Lord Eldon in _Wright_ v. _Simpson_, 6 Ves., at p. 733), and a similar remedy is also open to the surety in America (see Brandt on _Suretyship_, par. 205, p. 290) though in neither of these countries nor in Scotland can one of several sureties, when sued for the whole guaranteed debt by the creditor, compel the latter to divide his claim amongst all the solvent sureties, and reduce it to the share and proportion of each surety. However, this _beneficium divisionis_, as it is called in Roman law, is recognized by many existing codes (Fr. and Bel. 2025-2027; Spain, 1837; Portugal, 835-836; Germany, 426; Holland, 1873-1874; Italy, 1911-1912; Lower Canada, 1946;