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To pay Money.

How forfeited.

Stamp.

Common Condition of a Bond for Payment of Money.
Obs. 1. As to the time and place of paying a bond, see Pref.

§ 7.

2. Where interest is due upon a bond, it has been held, that it will be forfeited by a failure in the payment of the interest, as well as of the principal; Van Sandau v. — 1 B. and A. 214.

3. Where the sum secured is certain, the bond requires, by the 55 G. III. c. 184, an ad valorem stamp on the amount, i. e. not exceeding 501., 17.; exceeding 50%. and not 1007., 17. 10s.; 1007. and not 2007, 21.; 2007. and not 3001., 31.; 3007. and not 5007., 47.; 500%. and not 1,000., 5.; 1,000l. and not 2,000., 67.; 2,000%. and not 3,000., 71.; 3,000l. and not 4,0007., 81.; 4,000. and not 5,000, 9; 5,000l. and not 10,000., 127.; 10,000. and not 15,000., 157.; 15,000l. and not 20,000., 207.; 20,000%. and upwards, 25. Parties may purposely stipulate for the loan of a less sum, in order to avoid the higher duty; Shepherd v. Hall, 3 Campb. 180. A bond conditioned for the payment of money and interest, and also for the performance of collateral matter, requires only the ad valorem stanip appropriated to the principal sum, when that stamp exceeds the 17. 15s., which the collateral matter would require if it stood alone; Deardon v. Binns, 1 Mann and Ryl. 130.

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Obligation. Know all, &c. That, &c. Now the condition of this Condition. obligation is such That if the above-bounden (obligor) his hrs exs or ads do and shall well and truly pay or cause to be pd unto the above-mentd (obligee) his exs ads and ass the sum of £ - of, &c. (a) with int for the same after the rate of 51. for evy 100l. by the yr on the day of now next ensuing the date of the above-written obligation witht fraud or furr delay Then this obligation shall be void or orwise the same to remain in full force and virtue

Signed sealed and delivered by the above-named (obligor) (being first duly stamped) in the presence of

A B

C D

Obligor (Seal)

Obligation.
Condition.

Bond for the Payment of a Sum of Money by
Instalments.

Know all, &c. That, &c. Now, &c. if the abovebounden (obligor) his hrs, &c. do and shall pay or cause to be pd unto the above-named (obligee) his exs, &c. the full sum of £ of, &c. with int for the same after the rate of 51. for evy 100l. for a yr on the days and times and in manner following (that is to say) the sum of-pt thof on the day of next ensuing the date of the above-written obligation and which will be in

(a) That is, the sum that is actually due; see Pref. § 1.

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the sum of £
then next following and the
thof with int for the same
day of
then next ensu-

Then this obli

ing which will be in the year of, &c.
gation shall be void but if deft shall be made in paymt
of any or either of the sd sevl and respive sums of
money with the int thof resply in manner afd or any pt
of them on any of the sd days and times above-mentd
for the paymt thof according to the true intent and
meaning of these prests then this obligation is to re-
main in full force and virtue

Bond to secure the Payment of future Advances.

To pay Money.

Obs. A bond given to secure the repayment of any sums to be Stamp. lent in future, where the total amount is not to be ascertained, and without limit, is chargeable with the stamp of 251. Parties may purposely stipulate for the loan of a less sum, in order to avoid the higher duty; Shepherd v. Hall, 3 Campb. 180; but it has been held, that where the penalty only is limited, and not the sum to be advanced, this is not sufficient to avoid the highest duty; Scott v. Allsop, 2 Price, 20.

Condition.

Know all, &c. That, &c. Now, &c. That if the Obligation. above-bounden (obligors) or either of them his hrs exs or ads do and shall on demand thof in writing or within cal mths after demand (a) well and truly pay or cause, &c. (b) unto the sd (obligee) such sum and sums of money (not exceeding in the whole the sum of £-) (c) as at the time of such demand shall be duc from the sd (obligors) or the survor of them his exs or ads to the sd (obligee) (d) his exs, &c. on or as pt of the balance of an acct betn them either for principal money or int money lent advanced and pd bills discounted or accepted commissions or on any or. acct whatsr free and clear from all deductions, &c. being the same money as is or is intended to be secured (e) by an indre bearing even date with these prests and made betn the sd (obligor) of the one pt and the sd (obligee) of the or. pt Then, &c.

(a) If there be partners, say, for that purpose to be made by the partner or partners for the time being carrying on the business of A B and Co. under the present or any future partshp well, &c.' as above.

(b) Or, when there are partners, unto the sd (obligees) or the partner or partners for the time being.'

(c) As to the stamp, where the sum to be secured is uncertain, see Obs.

(d) Or, where there are partners, to the sd (obligees) or the ptner or ptners for the time being in the sd house or his or their exs, &c.'

(e) Or, by the deposit of the sevl deeds and papers mentd or enumerated in the schedule to these prests being deeds and papers relating to or which concern the title to All, &c. situate, &c.'

To pay Rent.

Vendors

lien not affected by taking a bond. Stamp.

Condition.

Stamp.

Obligation. Recital of lease.

Bond for Payment of Purchase Money retained in
Purchaser's Hands.

Obs. 1. It appears to be now settled, notwithstanding some prior decisions to the contrary, that a vendor does not lose his equitable lien upon the land for the purchase money by taking a distinct security, unless it appear to be the intentions of the parties that it should be so. 1 B. C. C. 420; Sugd. V. and P. 551, 8th ed. 2. The same stamp as for a sum certain; see Obs. 3, p. 262.

Know all, &c. That, &c. Whas by an Act of Parlt made, &c. entitled 'An Act for vesting lands in devised by (testator) late of, &c. to, &c. in trust to be Isold for the bent of the devisees therein-named the sevl estes ints and shares of the sd (devisees) are vested and settled in trustees therein-named Upon Trust to convey the same to the above-named (vendor) his hrs and ass on paymt of the sum of £ and int to the sd (trustees) and the survor of them, &c. as in the sd Act is directed for that purpose And whas the sd (V) hath for the sum of £ - absolutely conveyed the sd lands, &c. to the above-named (purchaser) by indres of lease and rele the lease bearing date the day next before and the rele even date herewith and hath agrd to procure a conveyance of the estes shares and ints of the devisees And whas by reason of some controversy betn the sd (V) and the sd (devisees) touching the division of the su sum of £ now depending in the Ct of Chancery the estes, &c. of the sd (devisees) cannot be immly conveyed according to the sd agrt and it hath been agrd that the sd (obligor) shd retain the sd sum of £ pay int for the same after the rate of £ per annum

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and

per cent,

Now, &c. That if the sd (obligor) shall well and truly pay the sd sum of £ upon having the conveyance of the estates parts and shares of the sd (devisees) made to him according to the true intent and meaning of the sd agrt and in the mean time do and shall well and truly pay int for the same after the rate as afd Then, &c.

Bond to pay Rent and perform Covenants reserved in a Lease.

Obs. A bond conditioned for the payment of an annual rent must be stamped with an ad valorem stamp on the gross amount of the rent reserved for the whole of the term; Attree v. Anscomb, 2 M. and S. 88.

Know all, &c. That, &c. Whas the above-named (lessor) by indre of lease bearing even date with and exted

day of

next

yrs

before the above-written obligation For the consons
therein-mentd hath demised to the above-bounden (obli-
gor) a messe or tent with the apts situated, &c. To Hold
the same for the term of yrs from the
ensuing determinable nevss at the end of the first
of the sd term if the sd (lessee) his exs or ads shall give
mths' notice thof in manner therein-mentd at and
under the yrly rent of £- payable quarterly as by the
sd lease may more fully appear

on

To per

form Co

venants.

Now, &c. That if the above-bounden (obligor) his Condition. exs and ads do and shall during the continuance of the sd recited lease well and truly pay the sd rent of the four sevl days therein mentd and also do and shall well and truly perform all the covts clauses provos and agrts in the sd recited lease contd according to the true intent and meaning of the same Then the above-written obligation shall be void and of no effect but if deft shall happen to be made in any of the sd quarterly paymts or in the performance of any of the sd covts then the same shall remain in full force and virtue In Witness, &c.

Condition of a Bond for Performance of an Agreement for the Sale of Timber.

Know all, &c. That, &c. Now, &c. That if the sd Condition. (obligor) his hrs exs, &c. do and shall well and truly Obligation. pay or cause to be pd unto the sd (obligee) his exs or

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ads the sum of £ · of, &c. according to the true intent and meaning of certain articles of agrt for the purchase of timber and or. trees growing on pt of the este belonging to the sd (obligee) and situated, &c. bearing even date herewith and made betn, &c. and do and shall well and truly perform and keep all and evy the articles and condons whatsr which on the pt and behalf of him the sd (obligor) are or ought to be performed and kept comprised and mentd in the sd articles of agrt or the condons there referred to according to the true intent and meaning thof Then, &c.

Bond that an Apprentice shall perform the Articles of his Apprenticeship.

Know all, &c. That, &c. Now, &c. That if the sd Condition. IB the son shall and do from time to time and at all Obligation. times during his sd apprenticeship well and truly observe perform fulfil and keep all and evy the articles covts clauses and agrts whatsr in the sd indre contained and which on his part are to be performed and shall and do from time to time and at all times during

To permit the sd term be faithful and just to the sd I L his master Wife to in all his the sd I B the son's accts rects paymts and live sepa- all or. dealings and doings in any wise relating to the sd trade or employment or the affairs or business of the. sd I L and all or. matters and things wherein as an apprentice or servant he shall or may be employed by or concerned for the sd I L his exs, &c. Then, &c.

rate.

Obligation.
Recitals of

intended
marriage.

Bond to permit an intended Wife to make a Will.

Obs. Regularly, a married woman cannot make a will, either of lands or goods, not even of her paraphernalia, 3 Atk. 294, unless her husband be banished for life by Act of Parliament, Countess of Portland v. Prodgers, 2 Vern. 104; or transported, Newman v. Bowyer, 3 P. Wms. 37; or an alien enemy, Deerly v. Duchess of Mazarine, 1 Salk. 116. But she may make a will with her husband's consent, and it will be deemed an appointment which the husband is bound by bis obligation to perform, Marriot v. Kinsman, Cro. Car. 219.

Know all, &c. That, &c. Whas a marre is intended shortly to be had and solemnized betn the abovebounden (intended husband) and (intended wife) now M A spinster And whas upon the treaty for the sd marre it was agrd that the sd (I H) shd enter into the for permis- above-written obligation with a condon for making the same void as hereunder-written

Agreement

sion.

Condition.

Now, &c. That if after the sd intended marre shall be had and solemnized betn the above-bounden (I H) and the above-named (I W) the sd (I H) shall and do quietly permit and suffer the sd (I W) in due form of law to sign seal publish and declare her last will in writing and in and by the same to give will and bequeath or orwise to dispose of at her free will and pleasure unto such psn or psns as to her shall seem meet and convenient the sum of £ - of lful, &c. And furr in case of the sd (I H) surviving the sd (I W) if the sd (I H) his hrs exs or ads or any of them upon reasone request to him or them in that behalf to be made to any such psn or psns to whom she the sd (1 W) shall give and bequeath any such sum and sums of money not exceeding in the whole the sum of £ or the value thof shall well and truly pay or cause to be pd all and evy such sum and sums of money so to be given willed or bequeathed as afd by the sd (I W) in such manner as shall be by her appted Then, &c.

Bond to permit a Wife to live separate from her

Husband.

Obs. As to a wife living separate from her husband, see Separation.

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