calendar months next after the decease of the said (father), well BONDS. Post-obit. SUP.-VOL. II. A BONDS. Produce deeds (lost). No. CCL. *Bond to Produce, when found, Title Deeds which have been mislaid (1). Recitals. KNOW ALL MEN, &c. (2). WHEREAS, &c. [recital of conveyance to the obligee of even date]. AND WHEREAS the several title deeds mentioned in the schedule hereunder written relate solely or chiefly to the hereditaments comprised in and intended to be conveyed by the said indenture, but the same are lost or mislaid, and cannot at present be found, wherefore the said (obligor) has agreed to enter into the above written obligation with such condition thereto as hereCONDITION. under is written. Now THEREFORE THE CONDITION of the above Obligation. written obligation is such, that if the said (obligor), his heirs, executors or administrators, shall and do use all proper endeavours to discover the indentures and writings mentioned in the schedule hereunder written, and do and shall, if when and as soon as the same or any or either of them shall be found, deliver the same whole and uncancelled unto the said (obligee), his heirs (3), executors, administrators or assigns; and if he the said (obligor), his heirs, executors or administrators, shall and do from time to time and at all times, until the same shall be so found and delivered, well and sufficiently keep harmless and indemnified all and every the hereditaments comprised in the said in part recited indenture, of, from and against all liens, charges, and incumbrances, and all entries, distresses or ejectments through or by reason of the said deeds and writings, or any or either of them, not being delivered unto the said (ob (1) A bond of this kind is seldom required, unless where the deeds have been known to have been recently in existence; as where they have been missing for a great length of time, they will be presumed to be wholly lost and irrecoverable; see Proley v. Kay, 1 P. Wms. 355. (2) See ante, p. 77. (3) If the premises to which the deeds relate be leasehold, omit the word "heirs." ligee) at the time of the execution of the above mentioned indenture; and the said (obligee), his heirs, executors, administrators and assigns, and other his and their real and personal estates, of, from and, against all actions, suits, costs, charges, damages and expenses whatsoever, which shall or may be brought or commenced against him or them, or which he or they may sustain or be put unto by any person or persons whomsoever, who shall or may claim any estate, right, title or interest in, to, out of or concerning the said hereditaments or any part thereof, from, through or under the said indentures or writings, or any or either of them, for and during the period or space of twenty years, to be computed from the date of the above written obligation. THEN, &c. BONDS. Produce deeds (lost). SCHEDULE ABOVE REFERRED TO. BONDS. Prove debt (bankruptcy). No. CCLI. Bond by a Creditor to prove a Debt for the issuing a Commission of Bankrupt (1). KNOW ALL MEN BY THESE PRESENTS, that I (the creditor) of, &c. am holden and firmly bounden unto the Right Hon. , Lord Lord High Chancellor of Great Britain, in the penal sum of £200 (2), of lawful money of the United Kingdom of Great Britain and Ireland, to be paid to his certain attorney, executors, administrators, or assigns, for which payment to be faithfully and truly made I bind myself, my heirs, executors, and administrators, firmly by these presents, sealed with my seal, dated this day of , in the CONDITION. reign, &c. and in the year of our Lord year of the Now THE CON DITION of the above written obligation is such, that if the above bounden (creditor) do and shall, as well before the major part of the commissioners to be appointed in or by a commission of bankrupt to be issued against (the bankrupt) of, &c. dealer and chapman, as upon a trial at law, in case the due issuing forth of the said commission shall be contested and tried, prove that the said (bankrupt) is justly and duly indebted unto the said (creditor) in the sum of £100 and upwards, and is become bankrupt within the true intent and meaning of the several statutes made and now in force concerning bankrupts, some or one of them; and also if the said (creditor) (1) This bond is in London usually prepared by the clerk at the bankrupts' office; but, as in a country commission, it is prepared by the solicitor himself, see 2 Cooke, Ban. Law. 5, it has been thought right that a form should be here inserted. (2) The penalty of a bond is always a sum inserted at the discretion of the parties, and varies in its amount according to the circumstances of the case; but where the bond is given for the purpose of issuing a commission of bankrupt, the penalty is limited by the 5 Geo. 2. c. 30. s. 23. to the sum of two hundred pounds. shall cause the said commission to be executed according to the directions of the said several statutes, and particularly of an act of parliament made and passed in the fifth year of the reign of his present Majesty King George the Fourth, entitled, "An Act to amend the Laws relating to Bankrupts," THEN, &c. or else, &c. BONDS. Prove debt (bankruptcy). Where petitioning creditors are partners, it is usual for one Signature by of them only to sign the bond, notwithstanding it purports to be their one partner sufjoint and several bond, and such signature has been holden to be sufficient. See ex-parte Hodgkinson, 1 Cooper, 99. ficient. And the practice is for one of them to make the affidavit of the debt, Affidavit. and the partner making the affidavit, alone enters into the bond to the great seal; ex-parte Price, 1 Buck. 457. |