13Surety discharging the liability to be entitled to assignment of all securities held by, and to stand in the place of, the creditor

13 Surety discharging the liability to be entitled to assignment of all securities held by, and to stand in the place of, the creditor

(1)  Every person who, being surety for the debt or duty of another, or being liable with another for any debt or duty, shall pay such debt or perform such duty, shall be entitled to have assigned to him, or to a trustee for him, every judgment, specialty, or other security which shall be held by the creditor in respect of such debt or duty, whether such judgment, specialty, or other security shall or shall not be deemed at law to have been satisfied by the payment of the debt or performance of the duty.

(2)  Such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the name of the creditor in any action or other proceeding in order to obtain from the principal debtor, or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person who shall have so paid such debt or performed such duty.

(3)  Such payment or performance so made by such surety shall not be pleadable in bar of any such action or other proceeding by him.

(4)  No co-surety, co-contractor, or co-debtor shall be entitled to recover from any other co-surety, co-contractor, or co-debtor, in manner aforesaid, more than the just proportion to which, as between those parties themselves, such last-mentioned person shall be justly liable.