or his having paid the sd legacy or, &c. to the sd Indemnity (obligor) as hnbefe is mentd or of any other matter,

&c. Then, &c.

Bond to Indemnify the Purchaser of an Estate against Mortgage Money, where no Evidence can be obtained of its having been paid off.

Recitals of deeds.

Know all, &c. That, &c. Whas, &c. (recite mort- Obligation. gage deed and other deeds affecting the este) And whas from the recitals contd in the indre of rele of the day of and the length of time since the dates and exons of the sd recited indres of the day and the

day, &c. there is ground to presume that the sum of £ by the indre of, &c. secured unto the sd (mortgagee) by way of mtge as afd togr with all int upon or in respect of the sd sum of £ has been long since paid off or satisfied but no positive evidence of such paymt and release can be obtained at present It was therefore agrd upon the treaty for the afd purchase that the sd (P) shd be indemnified by the sd (V) agst the principal sum of £— and all int as afd

Now, &c. That if the above-bounden (obligor) do Condition. and shall well and sufficiently save harmless, &c. the sd messes lds, &c. comprised in and expssd to be released by an indre of rele bearing even date with the abovewritten bond And the sd (P) and his hrs, &c. in respect thof of from and agst the sd sum of £- and the int thof and evy pt thof and of from and agst all actions and suits at law or in equity which shall be brought, &c. and all costs, &c. in respect of the sd sum of £ — and int as afd and for or on acct of any act matter or thing in anywise relating thereto Then, &c.

Bond of Indemnity on paying a Lost Bond.

Know all, &c. That, &c. Whas the above-named Obligation. master and wardens and society by their bond or obliRecitals of gation under their common seal bearg date, &c. be- lost bond. came bound to the above-named (obligee) in the penal sum of £ conditioned for the paymt of the sum of £ unto the exs ads or ass of the sd (obligee) at the end of mths next after the dece of the sd (obligee) with such prfts upon the same as upon the then last general audit for the stock raised by and among the members of the sd society for the making and preparing, &c. shd appear to be due to him and unpd as in and by the sd bond when produced will more fully appear And whas the sd bond is alleged to be lost or so mislaid that the same cannot be found And whas

Satisfaction of the bord

Indemnity the sd master wardens and society on the day of the date hereof at the request of the sd (obligor) and on his promise of indemnity have made him full satisfaction of and for the sd bond

Now, &c. that if the above-bounden (obligor) his hrs exs or ads or any or either of them do and shall in case the sd bond or obligation shall happen to be found or come to the hands custody or power of him them or any of them or of any or. psn for them deliver or cause the same to be delivered unto the then master and wardens of the sd society in order to be made void cancelled and destroyed and also shall and do from time to time and at all times hrafter save and keep harmless, &c. the sd master wardens and their successors of and from, &c. for or by reason of the sd bond or obligation or any of the money thby pd or for touching and concerning the same in any wise howsr Then, &c.

Bond to Indemnify a Person from a Bill that is Lost, upon his granting Another.

Obs. By the 8 & 9 W. III. c. 17, s. 3, the drawer of a bill may be required, in case it be lost, to give another bill on his being indemnified.

Know all, &c. That, &c. Whas the above-named (obligee) drew a bill No dated, &c. on Messrs A & Co for the sum of £- paye to the order of E D which sd note was aftwds pd to L & Co and hath since by them been lost or mislaid And whas the sd (obligee) at the request of the sd L & Co hath given them another bill of the same value and tenor as the bill so lost on their indemnifying him, &c. agst all claims and demands to be made upon him in respect of the sd lost bill

Now, &c. That if the above-bounden L & Co or either of them or either of their hrs exs ads or ass do and shall at all times hraftr save and keep harmless and indemnified the sd (obligee) his exs, &c. and evy of them and evy of their lds tents goods and chattels whatsr of and from the paymt of the same bill and of and from all and all manner of actions suits claims and demands whatsr for or on acct of the same bill and of and from all dams costs and chas whatsr which he or they may at any time braftr sustain bear or be put unto by reason or means of the nonpaymt of such lost bill And if the sd L & Co do and shall when and as soon as the sd note shall be found deliver the same to the sd (obligee) Then, &c.

Bond of Indemnity to a Purchaser against Two Legacies and an Annuity charged on Hereditaments which the Devisee has contracted to Sell.

Indemnity

will, &c.

Know all, &c. That, &c. Whas, &c. (recite the will of R P whereby he bequeathed two legacies of £-each Obligation. to his two grandchildren S P and T P upon their attainRecitals of ing their age of 21 and an annuity of £ -a yr to his brother HP and that the sd testator charged the sd legacies and annuity upon the hereditaments thereinafter devised to his son J P in fee) And whas the sd (purchaser) hath contracted with the sd (vendor) for the absolute sale to him of all, &c. (pels) and the same pieces or pels of ld heredts and preses have been duly conveyed to the sd (P) his hrs and ass in and by certain indres of lease and rele bearing date resply the lease the day next before and the rele even date herewith And whas upon the treaty for such purchase it was agrd by and betn the sd (V) and (P) that the sd (V) shd enter into the above-mentd bond by way of indemnity to the sd (P) agst the two sd legacies of Land L and the sd annty of £ so given and bequeathed by the sd will with a condition for making void the same as hnaftr is expssd

Now, &c. That if the sd (V) his hrs exs and ads do and shall well and truly pay or cause to be pd to Condition. the sd S P and T P when they shall resply attain their ages of 21 yrs the sd legacies or sums of - and £ and int according to the direction of the sd will and do and shall at the costs and chas of the sd (V) his hrs and ass produce and shew to the sd (P) his hrs and ass good and effectual rects and discharges for such legacies duly signed by the sd S P and T P after they shall have attained their respive ages of 21 yrs and do and shall at the like costs and chas give to the sd (P) his hrs and ass true and attested copies of such. rects and discharges if he or they shall request the same And do and shall well and truly pay to the sd HP the sd testator's brother the sd annty of as and when the same shall from time to time become due and paye and do and shall from time to time and at all times hraftr save defend keep harmless and indemnified the sd (P) his hrs and ass and his and their lds tents goods, &c. parlarly the sd heredts and preses so purchased by the sd (P) as afd of from and agst the sd two legacies, &c. and all int which hath accrued or may accrue due thereon and of from and agst the sd annty of £- so bequeathed as afd and all costs chas and exps which he or they may sustain expend or be put unto for or in

Marriage. respect of such the sd legacies, &c. or the sd annty, &c. or of any or of either of them or of any matter or thing relating thereto Then, &c.

Obligation.

Recitals.'

The sale.

Condition.

To marry.

Bond of Indemnity to Trustees under the Obligor's Marriage Settlement for having permitted him to convert Trust Monies to his own Use.

Know all, &c. That, &c. Whas, &c. (recite marre settlt) And whas the sd (obligees) trustees named in the sd recited indre of settlement have at various times at the request of the sd (obligor) duly authorized him to sell and dispose of certain pts of the sd sum of £— 3 pr. cent. consold Bk Annties and in pursuance of the power so given him he hath converted the monies which have arisen therefrom to his own use And whas the sd (obligees) have applied to the sd (obligor) for the re-investment in their names of the sd sum of £— so disposed of as afd. And it being inconvenient to the sd (obligor) to comply with such request he hath proposed if the sd (obligees) will allow him a rease time for the re-investment of the same sum to indemnify them in the mean time by exting the above-written obligation

-

Now, &c. if the sd (obligor) do and shall save defend keep harmless, &c. the sd (obligees) their and evy of their hrs exs, &c. lands, &c. and also the hrs of the sd A B decd of, &c. by reason or means or on acct of the sd (obligees) or any of them having authorized the sale and transfer by him the sd (obligor) of the sd sum of £- or any pt thof or for or by reason or on acct of the sd (obligor) not having invested or replaced the same £- &c. in the names of them the sd (obligees) in the bks of the Govrs, &c. of the Bank of Engld or for or by reason or means of any act matter or thing in anywise relating to the preses Then, &c.

Condition to Marry a Woman, or, in Default thereof, to Pay a Sum of Money.

Obs. 1. A condition to marry no other woman than the obligee, she not being bound to marry the obligor, has been held to operate in restraint of marriage, and therefore void. Low v. Peers, 4 Burr. 2225.

2. A bond to procure a marriage, called a marriage brocagebond, is now held to be bad, being contrary to the policy of the law. Hall v. Keane, Show. P. C. 76. Courts of equity will not only decree such bonds to be delivered up, but also any sum paid to be refunded. Debenham v. Or, 1 Ves. 275.

The Condition of this obligation is such that if the above-bounden (obligor) do on or before the accord

ing to the rules and ceremonies of the church of Eng- Mortgage land marry and take to wife ED daur of the abovenamed CD (a) provided the sd E D will thereunto assent and the laws of the realm permit the same or if it shall happen that the sd A B shall not marry and take to wife the sd E D as afd if then he the sd A B his exs or ads do and shall well and truly pay or cause to be pd unto the sd ED her exs ads or ass the sum of £— of lful money, &c. on the day of next ensuing the sd day of above-mentd and limited for the sd marre

Then, &c.

Mortgage Bond.

Obs. 1. It was formerly understood, that a mortgagee taking a pledge to himself, took it in satisfaction of the debt, and could not, therefore, recover by an action on the bond, in case the estate on sale and foreclosure should prove inadequate; but it is now held, that an action may be brought on the bond for the difference; but this will, however, open the foreclosure, and afford an opportunity to redeem. Tooke v. Hartley, 2 B. C. C. 125; Schoole v. Sall, 1 Scho. and Lef. 176.

2. Where a bond is given for securing the payment of a sum, Stamp. which is also secured by a mortgage or writing charged with the same duty as a mortgage, it requires a stamp of only 17.; but where it is the only or principal security, it requires the same duty as a mortgage. See Mortgages.

Know all, &c. That, &c. Now, &c. That if the above- Condition. bounden (obligor) do and shall pay or cause to be pd

unto the above-named (obligee) his, &c. the full sum of £ - of, &c. with int for the same after the rate of £ for every 1001. for a year upon the, &c. now next ensuing the date of the above-written obligon witht any deduction or abatement therefrom for or in respect of any chas assessments or or. matter cause or thing whatsr according to the provo or condon contd in a certain indre of lease and release the lease bearing date the day before the rele and the rele even date with the above-written obligon and made or expssd to be made betn the sd (obligor) of the first pt the sd (trustee) of the second pt and the sd (obligee) of the third pt And if the above-bounden (obligor) his hrs exs or ads and evy of them do and shall in all things well and truly observe perform fulfil and keep all and singr or, the covts grants articles clauses provos condons and agts. whatsr which on the pt and behalf of him the sd (obligor) his exs and ads are and ought to be observed performed and fulfilled comprised and mentd in and by the sd indre of rele and according to the true intent and purport of the same Then, &c.

(a) As to the necessity of this proviso, see Obs. 1.