Another.

OR value received, I promise to pay to N. E. or order,
the fum of
on demand, with intereft until paid,
with intereft, &c.]

F

Lor on or before the

Witness, &at

day of

Obfervations on Promissory Notes, &c.

HESE notes are affignable by indorsement, as bills of exchange are, and will, in cafe a certain time of payment be therein fixed; bear intereft from the time due, provided the note be protested by a Notary Publick, within three days after that time; fo that in all cafes, except where the felvency of the drawer or debtor is doubted, it is best, in such notes to mention a certain time of payment, as two or three The indays after date, or otherwife, as the cafe requires. dorfer becomes liable to payment, as well as the drawer; and when once an indorfeable note, (that is to fay) one payable to order, is transferred to a third perfon, it cannot then be in the power of the indorfer, by release or other inftrument in writing, to acquit or free the drawer from being liable; the property the indorfer had at firft in the note being entirely removed by his endorsement. In the cafe of a bond or obligatory bill, it is otherwife; for there the obligee, after having affigned the fame to a third perfon, may by releafe or other Speciality, deftroy the validity of the obligation, and confequently free the obligor from the burden thereof. Ann. c. 9. Gill. Chan. p. 290.

OF BONDS AND THE CONDITIONS THEREOF.

BOND, penal bill, or obligation, is a deed in writing, whereby one perfon binds himself to another, to pay It ufually confifts of two parts, viz. the obligation whereby the party is

a fum of money, or perform fome other act.

bound, who is generally called the obligor; and the condition which expreffes what fum is to be paid, or act performed, and to whom, in what manner, and when. The perfon this obligation is made to, is generally called the obliger, to whom the obligor, by way of penalty, commonly becomes bound in double the fum of money lent, or of the estimated value of the thing to be performed.

If no place is mentioned for payment of the money fpeci fied in a condition, the obligor, on pain of forfeiting his obliga. tion, is to find out the perfon of the obligee, if he be in the state, and tender the money; but where a place is mentioned he is not obliged to feek any further. Dy 14. 271.

An heir is not bound, unlefs he be exprefsly named in the. obligatory part of the bond; but the executors or adminiftra tors are bound, though not named; they more reprefenting the perfon of the deceafed obligor, and being entitled to take an advantage of a chattel, when not named, notwithstanding the heir is.. Dy. 14. 271.

;་

A Bond, with a Condition from One to One.

NOW all men by thefe prefents, that I, C. D. of, &c.

E. F. of, &c in fix hundred dollars, to be paid to the faid E. F. or his certain attorney, his executors, administrators or affigns; to which payment, well and truly to be made, I bind myfelf, my heirs, executors and adminiftrators, firmly by these prefents: Sealed with my feal. Dated the day of

in the year of our Lord one thousand eight

hundred and vas

The condition of this obligation is fuch, That if the above bound C. D. his heirs, executors or adminiftrators, do and shall well and truly pay, or cause to be paid, unto the above named E. F. his executors, adminiftrators or affigns, the full fum of three hundred dollars with legal intereft for the same, on or before the day of next enfuing the date hereof: Then this obligation to be void, or otherwife to be and remain in full force and virtue.

-Signed,

K

A Bond with a Condition from Two to One. NOW all men by thefe prefents, that we C D of, &C.. and E. F. of, &c. are held and firmly bound to G. H. of, &c. in the fum of one thousand dollars, to be paid to the faid G. H. or his certain attorney, his executors, adminiftrators or affigns; to which payment well and truly to be made, we bind ourselves, and each of us, by himself, (if one of the obligors be a woman, write thus, viz. by him and herself) for and in the whole, our heirs, executors and adminiftrators, and each of us, firmly by thefe prefents: Sealed with our feals.. Dated, &c.

The condition of this obligation is fuch, That if the above bound C. D. and E. F. or either of them, their, or either of their heirs, executors or adminiftrators, do and fhall well and truly pay, or caufe to be paid, to the faid G. H. his executors, adminiftrators or affigns, the full fum of five hundred dollars, with legal intereft for the fame, on or before the, &c.. which fhall be in the year of our Lord, &c.

Otherwise, &c.

K

Then, &c,

A Bond with a Condition from Three to One.. NOW all men by these prefents, that we C. D. of, &c. E. F. of &c. and G. H. of, &c. are held and firmly bound to J. K. of, &c. in, &c. to be paid to the faid J. K. or his certain attorney, his executors, administrators or af figns; to which payment well and truly to be made, we bind ourselves, and every one of us, by himself, (lut if a female be an obligor, then as in the loft) for and in the whole, our heirs, executors and adminiftrators, and every of us, firmly by these prefents. Sealed, &c.

The condition of this obligation is fuch, That if the above bound C. D. E. F. and G. H. or either or any of them, their, or either or any of their heirs, executors or administrators, do and fhall, &c.

A Bond with a Condition from One to Two.

K

NOW all men by thefe prefents, that I, C. D. of, &c. am held and firmly bound unto E. F. of &c. and G. Hof &c. in, &c. to be paid the faid E. F. and G. H. or one of them or to their certain attornies, their executors, ad

miniftrators or affigns; to which payment well and truly to be made, I bind myself, &c.

The condition of this obligation is fuch, That if the above bound C. D. his heirs, executors or adminiftrators, do and fhall well and truly pay or caufe to be paid to the above named E F. and G. H. or either of them, their or either of their executors, adminiftrators or affigns, the full fum of, &c Then, &c.

K'

A Bond from Three to Three.

NOW all men by thefe prefents, that we C. D. of, &c. E. F. of, &c. and G. H. of, &c. are held and firmly bound to J. K. of, &c. L. M. of, &c and N. O. of, &c. in, &c. to be paid to the faid, J. K. L. M and N. O. or fome of them, or their certain attornies, their executors, adminif trators or affigns; to which payment well and truly to be made, we bind ourfelves, and every of us by himself, for and in the whole, our heirs, executors and adminiftrators, and of every of us, firmly by thefe prefents. Sealed, &c.

K

A Bail Bond.

NOW all men by these prefents, that we G. H. of, &c. J K. of, &c. and L M. of, &c. are held and firmly bound to N. O Efq fheriff of the county of aforefaid, in the fum of four hundred dollars to be paid to the fheriff, or his certain attorney, his executors, adminiftrators or affigns; for which payment well and truly to be made, we bind ourselves and every of us by himfelf, for and in the whole, our heirs, executors and administrators, and every of us, firmly by these presents. Sealed with our feals. Dated the, &c. in the year of our Lord, &c.75 canot ! The condition of this obligation is fuch, That if the above bound G. H. do appear before the Juftices of the which is to be holden at

court of

on the

for the faid county of
to answer to R. S. Efq in a plea of

words, or fet forth the fubftance of the aurit)

within and

Tuefday of, &c.

(Here purfue the As fet forth in

the writ, and fhall abide the order and judgment of the court thereon. Then this obligation to be yoid: Otherwife to be and remain in full force and virtue,

*

NOTE. When a Bail Bond is given as aforefaid, the •perfon or perfons becoming bail shall be obliged, in cafe of the principal's avoidance, and the return of non eft inventas upon the execution to fatisfy the judgment out of his or their own estate, unless before final judgment they bring the principal into court, and deliver him into the cuftody thereof, in which cafe they shall be difcharged of their furetyhip.

Maff. Laws.

SPECIAL CONDITIONS OF BONDS.

A Condition for Payment of Money at feveral days. HE condition of this obligation is fuch, That if the

tors, do and shall well and truly pay, or caufe to be paid to the faid R. S. his executors, adminiftrators or affigns, the full fum of, &c. in manner following, that is to fay, the fum of, &c. part thereof, on or before, &c. next enfuing the date above written; the fum of, &c. more thereof, on or before &c. then next following; and the further fum of &c. refidue and in full payment thereof, on or before, &c. which shall be in the year of our Lord, &c. without fraud or covin ; then this obligation to be void. But if default fhall be made,, of or in payment of any of the faid feveral and respective sums, of money abovementioned, or any part thereof, on any of the faid feveral and refpective days and times above limited for payment of the fame; then this obligation to be and remain in full force and virtue.

A Condition for Payment of Money quarterly.

TH

HE condition of this obligation is fuch, That if the above bound A. B. and C. D. or either of them, their, or either of their heirs, executors or adminiftrators, do and fhall well and truly pay, or caufe to be paid to the above named E. F. his executors, adminiftrators or affigns, the full fum of, &c, in manner following: that is to fay, the