Page images
PDF
EPUB

To

the afd rents, &c. Then this obligation to be void or Account. else to be and remain in full force and virtue

[blocks in formation]

Recital of

liament.

Bond from the Treasurer of a Company.

Know all, &c. That, &c. Whas an Act of Parliament Act of Par- was passed, &c. (recite Act for forming a railway or a canal company, &c. as the case may be) And it was among or. things enacted That it shd be lful for the sd Compy of Proprietors at any General Meeting assembled and they were thereby required from time to time to nominate and appt a Treasurer and Clerk and such or. officers as they shd think proper And shd take sufficient secty from evy such treasurer or or. officers having the care and custody of any money to be raised or recd by virtue of the sd Act for the due exon of the sd office as the sd Compy of Proprietors shd think proper And whas at a General Meeting of the Compy of Proprs of holden, &c. the above-bounden (obligor) was appted Treasurer to the sd Compy And upon such apptmt the sd (obligor) agd to enter into a bond in a sufficient penalty for insuring to the sd Compy the faithful discharge of his duties in the sd office and in pursuance of such agt hath executed the above-written bond subject to such condon for making the same void as hnaftr is contd

Appointment of Treasurer.

Condition.

Now, &c. That if the sd (obligor) do and shall weekly during such time as he shall continue or be treasurer of the sd Compy or oftener if thereunto required well and truly account for pay and deliver unto the Committee of the sd Compy for the time being appted to manage the affairs of the Compy or unto such or. psn or psns as the sd Committee shall appt to rece the same all such sum and sums of money books papers writings rects vouchers matters and things which he the sd (obligor) hath recd or shall from time to time be entrusted with or which shall come into his hands for on acct of or to the use of the sd Compy and their successors And also if the sd (obligor) do and shall from time to time whilst he shall continue treasurer in all things and in all respects well and faithfully exte and perform the sd office of Treasurer Then, &c.

Bond by an Administrator and his Sureties to account for an Intestate's Effects.

By the 22 and 23 Car. II. c. 10, the ordinary or ecclesiastical judge is required to take a bond, with two or more sureties, from the person to whom the administration of an intestate's goods is committed, duly to account for such effects as shall come into his hands.

2. As to sureties, and their remedies against each other, see Pref. § 4.

To Account,

&c.

Bond required by

statute.

3. If the estate to be administered do not exceed 207. in value, Stamp. it is exempt from all duty, otherwise it is charged, by the 55 G. III. c. 184, with an ad valorem duty.

on

Obligation.

Know all, &c. That I (administrator) of, &c. Now, &c. That if the above-bounden (A) do make or Condition. cause to be made a true and perfect inventory of all and singr the goods chattels and credits of the sd (intestate) which have or shall come into his hands posson or knowledge or into the hands posson or knowledge of any or. psn or psns for him and the same do exhibit or cause to be exhibited into the registry of the court of or before the day of next ensuing and the same goods chattels and credits and all or. the goods chattels and credits of the sd deed which at any time hraftr shall come to the hands or posson of the sd (A) or of any or. psn or psns for him shall duly administer according to law And furr shall and do make or cause, &c. a true and just acct of his sd administration at or before the day of and of all the rest and residue of the sd goods chattels and credits which shall be found remaining upon the sd (A's) acct the same being first examined and allowed by the judge or judges for the time being of the sd court shall deliver and pay unto such psn or psns resply as the sd judge or judges by his or their decree or sentence pursuant to the true intent and meaning of this Act shall limit and appt And if it shall appear that if any last will and testaint was made by the sd deed and the exs therein-named do exhibit the same unto the sd court and the sd (A) do render and deliver up the sd letters of administration approbation of such testmt being first had and made in the sd court Then, &c.

Bond from a Clerk and his Surety for the faithful
Execution of his Office in a Brewery.

Know all, &c. Whas, &c. in and by certain articles Obligation. of agt bearing date, &c. (recite agreement between the Recitals. above-bounden (clerk) and the sd (obligees) his principals) And whas upon the treaty for the engagement of the sd (obligor) as such clk he the sd (surety) on the

Annuity. behalf and at the request of the sd (obligor) did consent and agree to become surety unto the sd (obligees) for the sd clk's true and faithful exon and discharge of his sd office as hnaftr is mentd

Condition.

Obligation.
Recitals.

Contract

for purchase of an annuity.

Condition.

Now, &c. That if the sd (obligor) do and shall at all times so long as he shall continue clk of the sd (obligees) in all things well and truly abide by perform fulfil and keep all and singr the covts and agts contd in the afd articles on his pt and behalf and do and shall faithfully and diligently serve the sd (obligees) and the survors or survor of them for the full term of yrs mentd in the sd articles and according to the full and true intent and meaning of the sd articles Then, &c.

Bond for securing the Payment of an Annuity to a Man and his Wife for their Lives.

Obs. When a bond is a collateral security, it is charged with a 11. stamp, but when it is the principal security, it is charged with an ad valorem stamp on the annuity or sum secured not amounting to 107. per annum, I.; amounting to 107. and under 50%., 21.; to 504. and under 1007, 37.; to 100%. and under 2001., 41.; to 2007. and under 300., 51.; to 300l. and under 4007., 61.; to 4001. and under 500%., &c. (see Mortgages.)

[ocr errors]

Know all, &c. That, &c. Whas the above-named (obligee) hath contracted with the above-bounden (obligor) for the absolute purchase of one annty or annual sum of £ to be pd unto the sd (obligee) and his ass during his life and after his dece to E his wife and her ass if she shd survive him free from taxes and witht any or. deduction whatsr by equal half-yrly paymts on the days hnaftr mentd Togr with a proportional pt of the sd annty or annual sum of £ for the time which at the dece of him the sd (obligee) shall have elapsed of the sd annty then growing due And the price and conson for the purchase of the sd annty or annual sum of £ is £-sterling money of Gt Britn and the sum of £ int or share in capital joint stock of 5 per cent. annties created by an Act of Parlt passed, &c. And whas the sd (obligee) hath before the exon of the above-written bond paid the sc sum of sterling money to and transferred the sd sum of £ 5 per cent. stocks into the name of the sd (obligor) in the bks of the Govr and Compy of the Bk of Engld which paymts the sd (obligor) doth hby acknge And whas upon the treaty for the sd purchase it was agrd that the costs and chas of procuring the sd sum of £ upon the sd annty and of preparing and perfecting the secties for the same shd be borne and pd by the sd (obligor)

[ocr errors]

Now the condition, &c. That if the above-bounden

(obligor) his exs or ads do and shall well and truly pay Annuity. unto the sd (obligee) or his ass during the term of his natural life one clear annty or annual sum of £ - by half-yrly paymts on or at the days and times following that is to say on the

of

day of

and on the

day

the first of the half-yrly paymts to be made on the day of next ensuing the date of the abovewritten bond And do and shall also if E now the wife of the sd (obligee) be living at his death well and truly pay or cause, &c. unto the sd E D yrly and evy yr during the then remr of her life a like clear annty or yrly sum of £of, &c. at or on the afd feasts or days by half-yrly paymts the first paymt of the last mentd annty to be made on the first of the sd feasts or days which shall happen next after the dece of the sd (obligee) And do and shall make all the sd paymts as well to the sd (obligee) during his life as after his dece to the sd E D if she survive him during the then remr of her life witht any deduction or abatement whatsr out of either of the sd annties or yrly sums or any pt thof for or by reason of any Parliamentary taxes or impositions whatsr or for or in respect of any or. matter cause or thing whatsr And also do and shall within ten days after the dece of the sd (obligee) and E his wife resply in case he or she shall die in the interval betn any of the half-yrly days of paymt well and truly pay unto the exs ads or ass of the sd (obligee) or of the sd E his wife if she survive him a proportional pt of the sd annty or annual sum of £ — for the time which at the dece of the sd (obligee) or E his wife shall have elapsed of the half-yrly paymt then growing due Then, &c.

Bail Bond.

Obs. 1. The 23 Hen. VI. c. 9, requires, that when the defendant When rein a civil action is arrested, the sheriff should take bail with a secu- quired. rity by bond or obligation, and therefore an agreement in writing, made by a third person, with a sheriff's officer, to put in good bail for the defendant, is sufficient under this statute. Tidd's Pract. c. 11.

2. As to the form of the bond, it is necessary that it should be made to the sheriff himself, by name of office, and that it be conditioned for the defendant's appearance at the return of the writ, and for that only; ib. ub. sup.

sheriff of the

Form of the bond.

Stamp.

The bail bond is required to be upon a half-crow stamp. Know all, &c. That we C D of, &c. (the defendant Obligation. in the action) E F of, &c. and G H of, &c. (the bail) are held and firmly bound to I K, esq. county of in the penal sum of £ (double the sum sworn to and endorsed on the writ) of lful, &c. to be pd to the sheriff or his certain atty exs ads or ass for which paymt we, &c. (see Forms of the Obligation)

[ocr errors]

Bail.

Condition.

Obligation. Recital of arrest.

The condition of the above-written obligation is such that if the above-bounden C D do appear (a) before our sovereign lord the King on to answer A B of a plea of trespass (b) &c. Then this obligation to be void otherwise to remain in full force and virtue

Signed sealed and delivered by the above-named C D, E F and G H (being first duly. stamped) in the presence of M N

ОР

CD (LS)
EF (LS)
GH (LS)

Special Bail Bond.

Know all, &c. Whas the above-bounden (obligor) was on the day of taken by the sheriff by virtue of the king's writ of capias issued out of his Maj. Ct of K. B. (or C. P. or Excheq of Pleas') bearing date at Westr the day of to the sd sheriff directed and delivered agst the sd C D and, &c. (as in the writ) at the suit of A B And whas a copy of the sd writ togr with evy memorandum or notice subscribed thereto and all indorsements thereon was on the execution thereof delivered to the sd C D And whas he is by the sd writ required to cause special bail to be put in for him in the sd Ct to the sd action within eight days after exon thof inclusive of the day of such exon

Now, &c. That if the sd C D do cause special bail to be put in for him to the sd action in his Maj. sd Ct as required by the sd writ Then

Sealed, &c.

Assignment of the Bail Bond (by Indorsement.)

Obs. As to the assignments of bonds, see Assignments, Pref. § 2.

I the within-named sheriff of have at the request of A B the pltff also within-named assigned to him the sd A B the within-written bail bond and all bent and advantage arising therefrom pursuant to the statute in that case made and provided In witness whereof I

(a) If in the Common Pleas, say, 'before his Maj. Justices at Westr on, &c. If in the Exchequer, 'before the Barons of his Maj. Court of Exchequer at Westr on, &c.'

(b) Or, according to the ac etiam in the process, if by original, say, 'do appear, &c. on, &c. wheresoever, &c. to answer A B of a plea, &c.' (as the plea is) If in the Exchequer, on a writ of Quo Minus, say, 'to answer to A B the king's debtor of a plea of trespass whby he is less able, &c.' Or, if on process of contempt, say, 'to answer our sovereign lord the King of divers trespasses contempts, &c. by him lately done and committed.'

« PreviousContinue »