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CHAPTER XVII.

BONDS.

For Payment of Money. (Bond or ob- Know all men by these presents, that I, A. B., of, ligation.)

&c., gentleman, am held and firmly bound to C. D., of, &c., Esq., in the sum of L. ; (double the condition,) of lawful money of Great Britain, to be paid to the said C. D., or his certain attorney, executors, administrators, or assigns ; for which payment to be well and truly made, Iu bind myself, my heirs, executors, and administrators, firmly by these presents, sealed with my seal, dated the day of in the

year of the reign of our Sovereign Lady Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the

Faith, and in the year of our Lord 1840. (Condition of The condition of the above-written obligation is a bond for

it of such, that if the above-bounden A. B.,' his heirs, exepayment of money.) cutors, or administrators, do and shall well and truly

pay, or cause to be paid, unto the above-named C.

u If two obligors, say: “ We bind ourselves, and each of us binds himself, for the whole and every part thereof, our and each of our heirs,” &c. If three or more obligors, say: “ Our and each and every of our heirs," &c.

If two obligors, say: “Or either of them, their or either of their heirs,” &c. If three or more, say: " Or any or either of them, their, or any or either of their heirs,” &c.

payment of

D.,' his executors, administrators, or assigns, the full (Condition of sum of L. , (the actual sum borrowed,) of law, a bond for ful money of Great Britain, with interest for the mon same, after the rate of L. for every L.100 by the year, on the day of now next ensuing the date of the above-written obligation, without any deduction or abatement whatsoever, then this obligation shall be void, or otherwise the same to be and remain in full force and virtue.

The condition of the above-written obligation is (By instalsuch, that if the above-bounden A. B., his heirs, exe- ments.) cutors, or adıninistrators, do and shall well and truly pay, or cause to be paid, unto the above-mentioned C. D., his executors or administrators, the full sum of, &c., of lawful, &c., with interest for the same, after the rate of L.

for every L.100 for a year, on the days and times and in manner following ; (that is to say,) the sum of L. , part thereof, with interest for the same, after the rate aforesaid, on the day of next ensuing the date of the above-written obligation; the sum of L. , other part thereof, with interest for the same, after the rate aforesaid, on the day of then next following; and the sum of L. , residue thereof, with interest for the same, after the rate aforesaid, on the day of then next ensuing, and which will be in the year of our Lord 184 ; then this obligation shall be void ; but if default shall be made in payment of any or

* If two obligees, say: “Or either of them, their, or either of their executors,” &c. If three or more, say: " Or any or either of them, their, or any or either of their executors," &c.

* It seems advisable to add, if the bond be accompanied by a warrant of attorney, “and which said sum is the same as is mentioned in a certain warrant of attorney, bearing even date with the above-written obligation, authorizing certain attorneys therein named to enter up judgment.”

either of the said several and respective sums of money, or any part thereof, with the interest thereof, or of any part thereof respectively, at the times and in manner above-mentioned and appointed for payment thereof respectively, according to the true intent and meaning of these presents, then this obligation is to remain in full force and virtue.

(Banker's bond for payment of advances.)

Condition in a Bond to Bankers. Now, &c., that if the said A. B., his beirs, &c., do and shall from time to time, and at all times hereafter, reimburse and fully pay and satisfy the said C. D. and E. F., or the survivor or survivors of them, and all and every other person or persons who shall or may become partner or partners with them, or either of them, in banking business, within ten years from the date hereof, all such sum and sums of money as they or any of them shall advance or pay, for or on account of their accepting, indorsing, discounting, paying, or satisfying any bill or bills of ex. change, drafts, notes, orders, or other engagements whatsoever, which he, the said A. B., shall from time to time draw, or cause to be drawn upon them, or make payable at their said banking-house; and also all and every other sum and sums of money which they, the said, &c., and the survivors, &c., shall, within the period aforesaid, or otherwise, lay out, pay, or advance, or become in anywise liable to pay on the credit of the said A. B., or on his account, to any person or persons whomsoever ; and also all such wages and allowances for advancing and pay. ing such bill or bills, drafts, notes, acceptances, ad.

* If judgment should be entered up in default of any of the instalments, yet upon payment of so much as may be due, and costs, the court will relieve the obligor ; but the judg. ment will be permitted to stand as a security for the other instalments. (Coates v. Hewit, I Wils. 80; Collins v. Col. lins, 2 Burr. 824.)

* Recite that A. B. had a banking account with, &c.

vances, payments, engagements, and accommodations, not exceeding the sum of L.5000 in the whole, together with interest for such sum and sums of money as they or any of them shall from time to time advance, &c., and other expenses and commission as usually charged, and shall indemnify and save harmless the said, &c., and the survivors or survivor of them, the said, &c., then, &c.

Now,a &c., that if the said [mortgagor, his heirs, (A mortgage executors, administrators, and assigns, do and shall bond.) well and truly pay, or cause to be paid, unto the said (mortgagee,) his executors, administrators, or assigns, the sum of, &c., on, &c., (take this from the covenant in the mortgage deed, and if the condition of the bond is without recitals, say, “according to the tenor, true intent, and meaning of a certain indenture of, &c., bearing even date herewith, and made, or expressed to be made, between,' &c.; but if the deed has been recited, which is the better way, say, “being the same days and times as are appointed in or by the said in part recited indenture of release, (or demise,) for the payment of the same,”] and do and shall make all and every the said payments without any deduction or abatement whatsoever, (as stated in the deed,) then, &c. Now, the condition,b &c., that if the above-bounden (Condition of

a bond from A. B., his heirs, &c., do and shall well and truly pay, ih or cause to be paid, unto the said (mortgagee,) his of an equity of executors, &c., the said principal sum of, &c., with all redemption to

indemnify

mortgagor.) a Mortgage bonds are now rarely used, as they increase the expense without adding to the security.

• Recite the mortgage, and that “the principal sum of, &c., still remains due upon the said security, but that all interest for the same hath been paid up to,” &c.; and recite the conveyance of the equity of redemption (and " reversion," if the mortgage was by demise) to the (obligor,) and that “the said (obligor) hath agreed to enter into the abovewritten obligation for payment of the said sum of, &c., and interest, and to indemnify the said (mortgagor) therefrom, in manner hereinafter mentioned.”

Recital.

(Condition of interest to grow due or become payable thereupon, a bond from in full satisfaction and discharge of the said in part the purchaser of an equity of

of recited mortgage, and the covenant therein containredemptioned on the part of the said (obligee) for payment of to indemnify the same; and of and from the same, and every part mortgagor.)

thereof, and also all and all manner of actions, suits, claims, and demands whatsoever, as well in law as in equity, and otherwise, of, from, or by the said (mortgagee,) his executors, administrators, or assigns, for or by reason or in respect of the same, or any part thereof, in anywise howsoever, and all costs, charges, damages, and expenses whatsoever, by reason or in relation thereto, do and shall well and ef. fectually save harmless and keep indemnified him, the said (obligee, his heirs, executors, administra

tors, and assigns, henceforth and for ever; then, &c. (Annuity Whereas the said A. B., some time since, advanced bond.)

and lent to the said C. D. the sum of, &c., of lav. ful money of Great Britain, which he, the said C. D., doth hereby admit and acknowledge. And whereas the said C. D. hath, in consideration of the sum of L. so as aforesaid advanced to him by the said A. B., agreed to grant to the said A. B. one annuity or yearly sum of L. to be paid to him

during the term of his natural life, at the time and in Condition. manner hereinafter mentioned. Now, the condition

of the above-written obligation is such, that if the said C. D., his heirs, executors, or administrators, do well and truly pay, or cause to be paid, unto the said A. B. or his assigns, one annuity, or clear yearly sum of L. of lawful money of Great Britain, by even and equal quarterly payments, on the 25th day of March, &c., in each and every year during the natural life of the said A. B., without any deduction or abatement whatsoever, the first of such quarterly payments to become due and be made on the 25th day of March next ensuing the date hereof; and also if the said C. D., his heirs, executors, or administrators, do and shall, within twenty-one days next after the decease of the said A. B., well and truly

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