Chap. 504.—An ACT to amend and re-enact section 5777 of the Code of Virginia,
relating to surety’s remedy against principal for money paid. [fH B 389]

Approved March 25, 1926.

1. Beit enacted by the general assembly of Virginia, That section
hve thousand seven hundred and seventy-seven of the Code of Vir-
ginia, be amended and re-enacted so as to read as follows:

Section 5777. Surety’s remedy against principal for money paid.—-
If any person liable as bail, surety, guarantor, or endorser, or any
sheriff liable for not taking sufficient bail, or the committee, or heir,
or personal representative of any so liable, pay, in whole or in part.
such note, bond or other demand, or any judgment, decree, or execu-
tion, rendered or awarded on account of such liability, the person
having right of action for the amount so paid, may, by motion in the
court in which the said judgment, decree or execution was rendered
or awarded, obtain judgment or decree against any person against
whom such right of action exists for the amount so paid, with interest
from the time of payment, and five per centum damages on said
amount; and said person so paying, in whole or in part, any such
judgment, decree or execution, rendered or awarded on account of
such liability, or any such note, bond or other demand, in whole or in
part, shall, by operation of law, in addition to the remedy above pro-
vided, be substituted to and become the owner of all of the rights and
remedies of the creditor for the enforcement and collection of the
amount or amounts so paid, and shall be deemed the assignee thereof ;
executions, or other legal process to which the principal creditor was
entitled, may be issued on any such judgment or decree in the name
of the original creditor against the person primarily liable for the
benefit of the person secondarily liable to the extent to which he has
satisfied the original creditor; but nothing in this act shall be con-
strued to impair or affect in any way the security of the original cred-
itor, or his rights and remedies as to any balance which may be due
him. The provisions of this section are cumulative, and are intended
to protect the rights of any person secondarily liable to the extent to
which he has satished the obligation of the person primarily liable.
All assignments heretofore made of judgments and decrees to persons
secondarily liable are hereby validated, and upon the same executions
may be issued as hereinbefore provided.