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BONDS.

Indemnity (bastard).

(mother) during the time, now to come, of her pregnancy, and for or by reason of the birth, maintenance, and education of the said child, wherewith she is now pregnant as aforesaid; and also of and from all actions, suits, charges, and demands whatsoever touching or concerning the same. AND also if the said (obligor), when he shall be thereunto required by any of the parish officers of the parish of aforesaid, for the time being, shall appear before a justice of the peace, and then and there upon oath before such justice declare how and where the said bastard child is provided for, kept and maintained, or in case of its death the time and place of its burial. THEN, &c.

No. CCII.

*A Bond under 9 and 10 W. 3. c. 17. in the case of a Lost Bill to obtain from Drawer another Bill (1).

BONDS.

Indemnity (bill lost).

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KNOW ALL MEN, &c. (2) WHEREAS a bill of exchange dated on Recital. or about the now last past, was drawn by the above named (drawer) on and accepted by (acceptor), whereby the said (drawer) requested the said (acceptor) two months after the date thereof, to pay to the order of the said (drawer) the sum of L for value received, and which said bill was indorsed by the said (acceptor) to the above bounden (obligor), who claims to be entitled to receive payment of the said sum. AND WHEREAS the said bill of exchange hath been lost by the said (obligor) within the time thereby limited for the payment of the same, he hath, in pursuance of the statute in such case made and provided, applied to the said (drawer), as drawer of the said bill, to give him another bill of the same tenor with the said first mentioned bill, which he hath agreed to do. Now THEREFORE, in pursuance of the said statute, CONDITION. the condition of this obligation is such, that if the above bounden (obligor) shall from time to time and at all times hereafter well and sufficiently indemnify and save harmless the said

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his executors and administrators, against all persons whatsoever, in case the said first mentioned bill of exchange so lost or miscarried shall be

(1) See ante, p. 73, if with surety, and p. 77 if without. (2) It is provided by the act 9 and 10 Wil. 3. c. 17. that in case of an inland bill, payable after date, and expressed to be given for value received, be lost before it is payable, the drawer or acceptor may be required to give another of the same tenor and date on being indemnified. The usual species of indemnity offered in such cases is a bond in the above or a similar form. But it should be observed, that it has been much doubted whether the acceptor is compellable at law to accept of such an indemnity; see observations of Eldon, Chancellor, in ex-parte Greenway, 6 Ves. 812. A court of equity will however, on refusal to pay or accept of a sufficient indemnity, decree payment with costs, and see post. No. CCIII.

Obligation.
9 and 10 Wil-

liam 3.

BONDS.

Indemnity (bill lost).

found, and from and against all payments, actions, suits, costs, charges, damages, expenses, interests, claims, and demands whatsoever, both at law or in equity, which shall or may at any time or times hereafter arise, happen, or accrue to or against the said (obligee), his executors, administrators, or assigns, or to or against any other person or persons, by reason or on account of the loss, miscarriage, or mislaying of the same, or of the same having been found by or appearing in the possession of any other person or persons. THEN, &c.

No. CCIII.

*A Bond of Indemnity on paying a Lost Bill (1).

BONDS.

Indemnity (bill lost).

KNOW ALL MEN, &c. (2)

WHEREAS a certain draft or bill was Recital. drawn on or about the day of last past, by (drawer) upon, and accepted by the said (acceptor), for the sum of £ payable days after the date thereof to the order of (obligee) who indorsed the same, and which was afterwards paid to Messrs. (obligors), whose clerk has lost or mislaid the said bill [as the case may be]. AND WHEREAS the said (obligee), at the special instance and request of the said (obligors), hath agreed to pay them the amount of the said bill, on being indemnified by them for so doing in manner hereunder mentioned. Now THEREFORE the condition of the above CONDITION. written obligation is such, that if the said (obligors), any or either of them, their, any or either of their heirs, executors, or administrators, do and shall at all times hereafter well and sufficiently save, defend, keep harmless, and indemnify the said (acceptor), and also the said (drawer), and all and every other person or persons lawfully interested in the said draft or bill, and each and every of them, their, each and every of their heirs, executors, and administrators, and their, each and every of their lands, tenements, goods, chattels, and effects of, from, and against all payments, accounts, suits, actions, costs, charges, damages, expenses, claims, and demands whatsoever, both at law and in equity, which shall or may at any time or times hereafter arise, happen, or accrue, or be had, made, moved, brought, commenced, sued, or prosecuted against the said (acceptor) and (drawer), or either of them, their, any or either of their executors or administrators, or against any other person or per

(1) See ante, p. 107. n. (2).
(2) See ante, p. 73, and notes.

BONDS.

Indemnity (bill lost).

sons whomsoever, liable to pay the same, by reason, means, or on account of the loss or mislaying of the said draft or bill, or of the said (obligee) having paid the amount thereof unto the said (obligor), without having delivered the same up to be cancelled, or for or on account of any thing in anywise relating thereto. THEN, &c.

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