BONDS. (administrator). first examined and allowed of) do order and apply as the judge or Account judges by his or their decree or sentence, pursuant to the true intent and meaning of this act, shall limit and appoint. AND if it shall hereafter appear that any last will and testament was made by the said deceased, and the executor or administrators therein named do exhibit the same into the said court, making request to have it allowed and approved accordingly, if the said (administrator) within bounden, being thereunto required, do render and deliver the said letters of administration (approbation of such testament being first had and made) in the said court. THEN this obligation to be void, or else to be and remain in full force and virtue. Stamp. If the estate of the intestate to be administered do not exceed £20 in value, the bond is exempted from stamp, but if above that sum it will be liable to a progressive ad-valorem duty, as mentioned in schedule III. of the act, 55 Geo. 3. c. 184. which see post. Vol. III. "STAMP." No. CLXXXIV. *A Bond from a Broker to Account for Goods delivered to him for Sale. BONDS. Account (broker). tion. KNOW ALL MEN BY THESE PRESENTS, that I (obligor) of, &c. am Single Obligaholden and firmly bounden unto (obligee) of, &c. in the penal sum of L of lawful money of the United Kingdom of Great Britain and Ireland, to be paid to the said (obligee), his executors, administrators or assigns, or his or their lawful attorney or attornies, for which payment to be well and truly made I bind myself, my heirs, executors and administrators firmly by these presents. Dated, &c. WHEREAS the above-named (obligee), on the day of the date of the above written obligation, has delivered into the hands of the above bounden (obligor) the several goods and merchandizes mentioned in the inventory thereof hereunder written, of the supposed value of or thereabouts, to be by him forthwith sold by public sale, as the said (obligor) doth hereby acknowledge. Now CONDITION. THE CONDITION of the above written obligation is such, that if the said (obligor), his executors or administrators, do and shall, within one calendar month next ensuing the date of the above written obligation, well and truly pay or cause to be paid unto the said (obligee), his executors or administrators, all such sum and sums of money as shall arise by sale of such of the said goods as shall have been by him or them then sold; and also do and shall return unto the said (obligee), his executors or administrators, all such of the said goods as shall then remain unsold (casualties happening by fire only excepted). THEN, &c. SCHEDULE ABOVE REFERRED TO. BONDS. Account (clerk). No. CLXXXV. Bond by a Clerk (and a Surety) duly to Account for what may come to his hands (1). KNOW ALL MEN, &c. (2). WHEREAS (3) the above named (employer) hath taken the above named (clerk) of, &c. into his service Bond of surety in firm. (1) A bond of indemnity by a surety for the conduct of a clerk in a void by change banking-house or common copartnership, not incorporated, is void as soon as there is any change in the firm by death or otherwise, but it is not so of companies, as the Globe Insurance Company, or the like, which from their nature are flux bodies. Metcalf v. Bruin, 2 Campb. 425; 12 East, 400. S. C.; but of this see post. Obligation. Clerk to a public company. (2) See the form of the obligatory part of a bond, ante, p. 73. when joint, and p. 77. when single. (3) If the clerk be in the employ of a public company, say, company, and the said (surety) hath agreed to enter into the above written obligation for his fidelity in the service of the said company: Now THE CONDITION of the above written obligation is such, that if the said (clerk) do and shall, from time to time, and at all times hereafter, during his continuance in the service of the said company, faithfully, honestly, diligently and carefully execute, perform and discharge the said service, and all and every other service of the said company wherein he is, shall, or may be employed, and shall and do, so soon as he shall be thereunto required, make and deliver a just and true account in writing of all sum and sums of money, cash, notes and bills which shall come to the hands of the said (clerk) or which he shall be entrusted with, by or on account of the said company, and also make good, answer for, and pay the monies due on the balance of such account to the said company, or such persons as the said company or the court of directors thereof, for the time being, shall appoint; and if the above bounden (surety) shall and do moreover well and sufficiently save, defend, keep harm BONDS. CONDITION. as a clerk, and the above bounden (surety) hath agreed to join with the said (clerk) in the above written obligation for his fidelity in the Account (clerk). said employ. NOW THE CONDITION of the above written obligation is such, that if the said (clerk) do and shall from time to time, and at all times, so long as he shall be in the service or employ of the said (employer), well, truly and faithfully account for, pay over and deliver unto him the said (employer), his executors, administrators, or partners or assigns, or to such other person or persons as he or they shall direct, all and every the sum and sums of money, books, papers, matters and things of or belonging to the said (employer), which shall at any time, and from time to time be received by or come to the hands of him the said (clerk). And also do and shall act and conduct himself at all times with fidelity, integrity and punctuality in and concerning the matters and things which shall or may be reposed in or entrusted to him as such clerk aforesaid, * and do and shall return and make good any such monies, books, papers, matters or things which he may embezzle, take or mis-employ, within the space of days after he shall have been justly accused thereof, or in default thereof, if the said (surety) do and shall (1), within the like space of time after he shall have had notice in writing from the said (obligee) of any such default, make due and sufficient repayment, restitution or compensation for the loss or damage which he shall have thereby sustained. THEN, &c. or else, &c. less and indemnified the said company, and the directors, and all other members thereof, from and against all losses, costs, charges, damages and expences for or by reason of any act, deed, matter or thing whatsoever, done or to be done by him the said (clerk) in or during the said service. THEN, &c. or else, &c. (1) Where a surety gives a bond for the fidelity of a clerk or officer Surety. of trust, the condition should be so framed as to give the surety every means of protection against the consequences he subjects himself to ; and see Phillips v. Fordyce, 2 Chit. (temp. Mansf.) 676. BONDS. Account (goods sold). No. CLXXXVI. * A Bond to account for the Value of Goods entrusted to a special agent abroad for sale. Recital of agree ment for sale of goods by agent abroad. Obligation. KNOW ALL MEN, &c. (1). WHEREAS by certain articles of agreement indented, bearing even date herewith, after reciting that the above bounden (obligor) was about to proceed on a voyage to whereof , and that the above named (obligees) had shipped on board the ship or vessel called the was master, bound to aforesaid, and entrusted to his care, divers goods, wares and merchandizes, to the appraised amount and value of L it was agreed between the above bounden (obligor) and the above named (obligees), that the said (obligor) should take the said goods, wares and merchandizes to aforesaid, and there sell and dispose of the same to the best advantage, and remit from (obligor) should from time to time dispose of the said other goods, (1) See ante, pp. 73, 77. |