We remember to have long since introduced a law having reference to the selection of mandators, sureties, and bondsmen, that includes numerous provisions which are generally advantageous to Our subjects. Nevertheless, a portion of it seems to Us to require some explanations and additions, as it is, to a certain extent, imperfect and inconsistent.

  If anyone should give certain persons as his sureties to be jointly liable, but should not add that they shall be severally liable for the entire amount, they will all of them be obliged at the same time to comply with the agreement. If any provision like that above mentioned should be inserted in the instrument, it must be observed, but this need not immediately be done in such a way as to render each debtor individually liable, but only the share for which he is resporisible shall be collected from each, and suit should be brought against all of them, if they are solvent and present, and the creditor thinks this to be advisable. Where the debtors are solvent and at hand they must (every one of them, for himself) discharge the obligation which he assumed as a surety, and by reason of which they are all bound in full, and in this way the debt owed by all will not become the individual debt of each. But if all, or some of those who are jointly liable and were not sued, are partly or wholly insolvent, or if they are absent, each one who is jointly liable will be required to make up what the creditor cannot collect from the others. In this way the creditor will be able to obtain the entire debt, and will sustain no loss, even though the joint debtors may have, without his knowledge, made some agreement among themselves to his prejudice, and each joint debtor will be liable for what he became security for, at the time the document was drawn up, without being allowed to evade it by artifice, fraud, or agreement, all of which is prevented by this law.
  (1) Where all the joint debtors reside in the same place, We order that the judge having jurisdiction shall immediately summon them before him, hear the case, and render judgment against them all. Thus the joint debtors will be compelled to discharge their obligations, their solvency will be established, and the debt be discharged in accordance with law and justice.
  (2) If, however, the judge is not a Governor but some other magistrate, We authorize a competent judge to hear the case in this city, or in the provinces; and the illustrious Governor before whom the action is brought, or any other competent judge may, by means of an executive officer, compel the joint debtors to become parties to the suit, in order that the execution of this law may not be interfered with. It shall begin to be operative with reference to contracts from this very day, but We leave whatever is already partly to be disposed of by the laws already enacted on this subject.

  Your Highness will hasten to carry into effect whatever We have been pleased to insert in this Imperial Law.