OBLIGATION. (A) Dbligation, what shall be. infra. (B 4.) Though there be a small variance. p. 180. (C) Single bill. p. 180. (D) Bill obligatory. p. 181. (E) Condition. p. 181. (F) Then an obligation shall be joint. p. 183. (G) When joint, or several. p. 184. (H) When several only. p. 184, (1) Who are bound by an obligation. p. 184. (I 1.) An executor or administrator. p. 184. (K) Recognizance. p. 185. (A) Dbligation, what shall be. An obligation is a deed, whereby a man binds himself under a penalty to do a thing. If he be bound without a penalty it shall be called a single bill. Vide for this, post, (C). If it be acknowledged before a mayor of the staple, chief justice, &c. it shall be called a statute, or recognizance. Vide post, (K)— Statute Staple. In every obligation there must be an obligor, and obligee, and a sum in which he is bound. Peark. Fait, 119. Yel. 194. An obligation, as another deed, must be sealed and delivered. Vide for this, Fait, (A 1, 2, 3.) Must be written on paper, or parchment. Vide Fait, (A 1.) But it need not to be read to the obligor, or subscribed by him. Vide Fait, (B 1,-2.) There is no need of date, or witness, or mention of the sealing, &c. Dy. 19. a. R. Dal. 1. Vide Fait, (A 2.- B 3, 4.) What shall be a sufficient delivery, or not. Vide Fait, (A 3, 4.) What shall be part of an obligation. Vide Fait, (E 2.) By whom or to whom an obligation may be made. Vide Capacity. By what name an obligor ought to be described. Vide Fait, (B 1. -E 3.) [Bond to a woman for cohabitation had with her is good. 2 Wils. 339.] [A., B., C., D., and E., indicted for perjury by F., agree that G. VOL. V. N should should give him a note for 3501. not to appear at the trials, and that A., B., and H. should give a bond to indemnify G. against the note, the bond is given for an illegal consideration. Collins v. Blantern, P. 7 G 3. 2 Wils. 341. 347.] [A bond given for an illegal consideration is void at common law ab initio. Ibid.] (B 1.) By what words it may be. An obligation does not require any prescribed form of words: and therefore, if a man by his deed say, I shall pay you 201. that will be a good obligation. 2 Rol. 146. 1. 37. Per Brian, 22 Ed. 4. 22. a. Or, concedo vobis solvere. 2 Rol. 146. 1. 40. Per Catesby, 22 Ed. 4. 22. [I am held and firmly bound in 207. to be paid to the same Richard Lambert, is good; though there be no person mentioned before, to whom he is bound or to whom eidem can refer. 2 Str. 945.] Or, Memorandum that I have received of B. 20l., which sum I promise to pay to the same B., &c. 2 Rol. 146. 1. 35. R. 22 Ed. 4. Dy. 22 b. R. Cro. El. 729. Mo. 667. Ow. 127. Yel. 23. So, I have agreed to pay, though it be in the præter tense. 22. a. 1 Leo. 25. R. So, I am content to pay 10l. at M., and 101. at Lady-day. R. 3 Leo. 119. I acknowledge to B. by me 207. on demand. R. 1 Vent. 38. Dy. 22. b. So, every deed, by which a man acknowledges himself to be indebted to another. By. 21. a. Or, to have his money in his hands. Ibid. So, if a deed say, I am bound to A. in 100%. for which payment I authorise him to levy the money on the farm of B. It will be a good obligation, upon which debt lies, though he has power to levy it otherwise. R. 3 Leo. 223. If it says, I acknowledge to owe to A., for which payment I bind, &c. to B. It is a good obligation to A., and the last words are void. Cro. El. 886. So, I appoint A. to take 100%. out of the first money he receives of mine, and makes A. his receiver; for every deed which acknowledges a debt to another, will be an obligation. Dub. 3 Mod. 154. So, I bind myself to that he owed him 40l. Or, I bind myself to quisit. Cro. El. 613. pay all my brother owes him, with an averment R. Cro. El. 561. save A. harmless, &c. in 2001. solvend. cum re So, if an obligation, or words that make a bill obligatory, be wrote in a book and there sealed, it will be an obligation. R. Cro. El. 613. (B 2.) What words are sufficient : — Though they are uncertain. So, if, by a bill obligatory, A. acknowledges himself to owe 10%. to B., to be paid such a day, and by the same bill binds himself in 20%. and does not say to whom he is bound, it will be good; for it shall be intended to him to whom he was indebted. R. 2 Rol. 148. l. 10. So, So, if it be upon condition, to stand to the award of B. and C., and if they do not agree, to the umpirage of D., without saying, to what, do not agree; for it shall be intended, to make an award. R. Cro. Car. 226. So, if it be upon condition to pay 50l., without saying, of money, yet it is sufficient; for it shall be intended. R. 1 Sid. 151. So, if an obligation be, teneri A. in 201. solvend. dicto attorn. et assign. suis, omitting A. to whom he is bound. R. Sal. 659. (B3.) Though false Latin. So, an obligation will be good, though barbarous or false Latin be used: as, if a man be bound in septuagent libris, it shall be intended 7007. though it be barbarous Latin. R. 2 Rol. 147. 1. 2. Vide Abatement, (H 2.) Mo. 645. So, if he be bound in quinquegent. or quemquegent. libris, for quingent. R. cont. but afterwards in error acc. 2 Rol. 146. 1. 50. Hob. 119. 2 Cro. 146. In triginti libris, for, triginta. R. 2. Rol. 146. L. 45. In sexigint. libris, for, sexagint. R. 2 Rol. 147. 1. 10. Hob. 20. 2 Cro. 338. Or, sessanta, for, sexaginta. R.2 Rol. 147.1. 20. Hob. 19. 2 Cro. 208. In septuagent. et quinquagent. libris, for 750l. R. 2 Rol. 147.1. 5. Hob. 116. 10 Co. 133. a. Cro. El. 896. In sexingent., for, sexcent libris. R. 2 Rol. 147. l. 15. 2 Cro. 338. In trigintata, for, triginta libris; for the syllable ta is surplusage. R. 2 Rol. 147. 1. 20. Hob. 18. 355. R. cont. Yel. 225. In wiginti libris, for, viginti. 10 Co. 133. a. R. 2 Cro. 309. So, if a man be bound by an English bill in sewteen, for seventeen pounds. 10 Co. 133. 2 Rol. 147. 1. 42. Or, threty ponds, for thirty pounds. R. 2 Cro. 607. Or, in sex triginta, for, triginta et sexlibris. R. Sal. 462. R. Skin. 310. In quinginta et duabus libris, for, quinquaginta et duabus. R. Jon. 366. Vide infra. So, if an obligation be, noverint, &c. me A. tenerie et obligarie B. in 10l. ad quam, &c. obligamus me, &c. it will be good for the parties and sum are well, and any words, whereby it may be collected that he binds himself, are sufficient. R. Yel. 193. 2 Cro. 261. So, if there be a blank for the christian name of the obligor, if his name be subscribed. R. 2 Cro. 261. So, if the name be Joaem, without a dash, for it shall be intended Johannem abbreviated. R. Cro. Car. 417, 418. So, if the bill be, cognovit se debere et indebitat. fore sumam 201. solvere B., &c. it will be good. R. 2 Vent. 106. So, where the words are not Latin, if the sense or intention may be collected by the condition, or other words of the obligation, it is good: as if a man be bound in 20 nobilis, for, 20 nobles; for there is no proper Latin word for noble. 2 Rol. 146. 1. 42. 2 Cro. 203. If he be bound in octigenta libris, with a condition for payment of 40l., it will be good; for it shall be intended for 807. R. 2 Rol. 147 1.30. 10 Co. 133. Osborn was octaginta, and good. Vide Hob. 19. cont. but the condition not there mentioned. Vide post, (B 5.) Or, octogesimo, for octoginta libris. R. 2 Rol. 147. 1. 27. Hob. 75. Mo. 864. t So, if he be bound in septuaginta libris, with a condition for payment of 350%., for it shall be intended 700l. R. 2 Rol. 147.1. 37. 10 Co. 133. In quingint. duabus libris, with a condition for payment of 267., for it shall be intended an abbreviation of quinquaginta. R. 2 Rol. 147. 1. 45. Cro. Car. 416. 418. In quinquegessimis libris, for, quinquaginta. R. 2 Cro. 290. In quadrans libris, with a condition to pay 20l., shall be intended quadragint. R. Sal. 462. So, if it be quadrant, in a bail-bond for appearance; for the statute directs 401. Semb. 2 Mod. Ca. 342. (B 4.) Though there be a small variance. So, a small variance between the obligation upon oyer and the declaration does not avoid it: as, if the declaration be upon a bill, that he will pay, &c. And the bill says, if he pay, &c. R. 3 Lev. 66. If the obligation in the declaration be 30 D. anno D. 1701, and the obligation itself upon oyer be 30 D. 1701. R. Sal. 658. Or, in such a year of the king, and the obligation omits anno regni. Sal. 658. (B 5.) But not insensible words. But where words are insensible, and the intent of the parties cannot be known, the obligation will be void: As, if a man be bound in 20 liveries, it is void; for it does not appear whether it was intended libris. R. 2 Rol. 146. l. 47. Or, 20 litris, or lib'is. R. Noy, 109. Or, in sexgint. libris; for there is no such word, and it does not appear what was intended. R. 2 Rol. 147. 1. 12. 2 Cro. 190. Or, octigenta libris. 2 Rol. 147. 1. 30. Hob. 19. Vide ante, (B 3.) So, if a man be bound to the sheriff in quadragent. libris, with a condition for appearance; for gent. imports centum, and therefore it cannot be taken for 407., and the condition being collateral, does not shew the intent. R. 2 Rol. 147. l. 55. If he be bound in libris, without saying, how many. R. Yel. 225. · Or, in viginti literis. 2 Cro. 203. 603. So, if it be terengentate libris. R. 2 Cro. 609. In quantoginta libris. R. 2 Lev. 166. So, if an obligation be to two in 200l. solvend. 100l. to one, and the other 100l. to the other, it will be repugnant and void. Qu. Dy. 350. a. Acc. per Hob. 172. Dy. 350. a. in marg.; for the last words shall be rejected, and the obligation stand joint for 2007. (C) Single bill. A single bill is, when a man is bound to another by bill, or note, without a penalty. Upon such a single bill, of a distant time, interest may be recovered in damages. Per Holt, Mod. Ca. 167. Though Though payable upon demand, and no demand proved, where the defendant pleads non est factum. Ibid. Vide post, (F). (D) Bill obligatory. A bill obligatory is, when he is bound in a penalty, without a condition; as, if A. acknowledges himself indebted 201., and for payment binds himself in 407. Cro. Car. 515. 2 Vent. 106. Vide Merchant, (F 2.) So, if he acknowledges himself debere 20 quarteria frumenti, &c. and if he do not pay it at the day, that he shall lose 40l. Dy. 24. b. In an action upon such a bill, the plaintiff cannot declare for the penalty, without an averment that the single sum was not paid at the day limited for it by the bill. R. Cro. Car. 515. So, if the bill be for 141. solvend. una cum 61. upon account, he must declare only for the 147.; for that which comes after the solvend. is no part of the bill. R. Cro. El. 537. (E) Condition. A condition is in the nature of a defeazance, subscribed or indorsed, upon the obligation. Vide Defeazance. Fait, (E 2.) Vide title Condition, (A 5.-D 1, 7, 8.) [However capricious the terms in the condition of a bond may be, on performance of which the right of the obligee is to arise; it does not arise until performance. 6 T. R. 200. S. C. 2 H. B. 163.] The words of a condition ought to have a reasonable construction; and therefore, if it recites that 500l. was a portion for A., and if the defendant pay interest yearly, viz. at Christmas and Midsummer next, and the principal when a settlement is made; he ought to pay interest for the whole time, after Midsummer next, till the principal is paid. R. Ray. 420. [The recitals in the condition of a bond are a key to its construction, and will serve to restrain the generality of the condition, where such generality is inconsistent with the intention expressed in the condition. 2 M. and S. 363.] [Where no day of payment is specified in the condition of a money bond, it is payable on the day of the date; and, therefore, may be referred to the Master, under st. 4 Ann. c 16. s. 13. 7 T. R. 124.] [The condition of a bond being to render a fair, just, and perfect account in writing, of all sums received; if the obligor neglects to pay over such sums, the condition is broken. Dougl. 382.] [The purpose and intention with which a bond was given may be pleaded, if consistent with the bond and condition, though not expressed therein. 5 T. R. 381.] [Matter de hors a bond, shewing that it was given for an illegal consideration may be pleaded. 2 Wils. 341. 3 T. R. 424., though inconsistent with its terms. 9 East, 408. Id. 416.] [Debt on bond conditioned for payment at a certain day. Plea that it was given as an indemnity to the plaintiff against another bond, and non damnificatus. Held bad. Cowp. 47.] N 3 [Where |