undertaken by said party of the first part, and also the correct and exact marking, preparing, laying out and locating all patterns, moulds, models, and measurements, in, to, for, and upon the work, hereby agreed upon, from, and in conformity with said plans, drafts, specifications, and explanations. Forfeiture of CONTRACT. That if at any time during the progress of said work said party of the second part shall find that said work is not carried forward with sufficient rapidity and thoroughness, or that the materials furnished, foreman, sub-contractors, or workmen employed by said party of the first part, are unskilled, incompetent, and insufficient for the completion of said work within the time and manner stipulated in the plans, drafts, specifications, and explanations aforesaid, he shall give notice of such insufficiency and defects in progress, materials, foreman, sub-contractors, or workmen, to said party of the first part; and if within ten days thereafter such insufficiency and defects are not remedied, then said party of the second part may enter upon the work and suspend or discharge said party of the first part, and all employed under him, and carry on and complete the work by “day's work," or otherwise, as said party may elect, providing and substituting proper and sufficient materials and workmen; and the expense thereof shall be chargeable to said party of the first part, and be deducted from any sum which may be due to him on a final settlement: all questions arising out of this eighth article of this agreement shall be subject to the final decision of the arbitrators hereinbefore mentioned. LIENS. That in case any lien or liens for labor or materials shall exist upon the property or estate of said party of the second part, at the time or times when by the terms and provisions of this agreement a payment is to be made by said party of the second part to said party of the first part, such payment, or such part thereof as shall be equal to not less than double the amount for which said lien or liens shall or can exist, shall not be payable at the said stipulated time of times, notwithstanding anything to the contrary in this agreement contained: and that said party of the second part shall, and may be well assured that no such liens do, or can attach or exist, before he shall be liable to make either of said payments. WORK, WHETHER DESCRIBED OR NOT, ETC. That all the works described or referred to in the annexed specifications and explanations are to be executed by said party of the first part, whether or not said works are illustrated by the aforesaid plans or drafts; and that said party of the first part is to execute all works shown by said plans and drafts, whether or not said works are described or referred to in said specifications or explanations. IN WITNESS WHEREOF, THE SAID PARTIES HAVE HEREUNTO SET THEIR HANDS AND SEALS THE DAY AND YEAR FIRST ABOVE WRITTEN. Signed, sealed and delivered in presence of WALTER B. GROOME, SAMUEL W. PARKER. [SEAL.] The specifications should be carefully written out, passed upon separately by the parties to the agreement, signed and sealed by them, witnessed by the persons who witnessed the agreement, and attached to the agreement as a part of it. It is the custom in some cases to insert these specifications in the body of the agreement. In such a case they should, in this agreement, be inserted after the second paragraph. BILLS OF SALE. A BILL OF SALE is a written agreement by which a person transfers to another person, for a valuable consideration, his entire right, title, and interest in personal property. As a general rule, in order to establish ownership in law, the purchaser must take actual possession of the property purchased; but in some States, if the sale was not made fraudulently, for the purpose of evading the payment of just debts, the bill of sale is prima facie evidence of the sale, and will hold good against the creditors of the seller. Such questions must be decided by juries, who have power to set aside the sale in cases where fraud is proved. Bill of Sale-General Form, with Warranty. KNOW ALL MEN BY THESE PRESENTS, That in consideration of five hundred dollars, the receipt of which is hereby acknowledged, I do hereby grant, sell, transfer, and deliver unto Thomas Wright, his heirs, executors, administrators, and assigns, the following goods and chattels, viz. : One set of parlor furniture, upholstered in purple velvet, - $300.00 200.00 $500.00 To have and to hold all and singular the said goods and chattels forever. And the said grantor hereby covenants with said grantee that he is the lawful owner of said goods and chat. tels; that they are free from all incumbrances; that he has good right to sell the same, as afore said; and that he will warrant and defend the same against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the said grantor has hereunto set his hand this tenth day of March, 1881. Witnesses: HENRY HALL, JOSEPH SMITH. GEORGE H. FLETCHER. Bill of Sale Of a Horse, with Warranty. KNOW ALL MEN BY THESE PRESENTS, That in consideration of one hundred and fifty dollars, tr me paid by Henry Clayton, the receipt of which is hereby acknowledged, I, Andrew Lewis, by these presents do bargain, sell, and convey to the said Henry Clayton, his heirs, executors, administrators, and assigns, one bay horse, of the male sex, bay color, fifteen hands high, with a white star in the forehead, known as Old Hickory, to have and to hold the same unto the said Henry Clayton, his heirs, executors, administrators, and assigns forever. And I, for myself, my heirs, executors, and administrators, will warrant and defend said horse unto him, the said Henry Clayton, his heirs, executors, administrators, and assigns, against the lawful claims and demands of all and every person or persons whatsoever. Witness my hand this tenth day of May, 1881. Witnesses: THOMAS JACKSON, GEORGE FLINT. ANDREW LEWIS. Bonds. A Bond is a written promise, signed and sealed by a single person, to pay to another person a certain sum of money at a designated time. A promise made in writing without a seal is not a bond, but merely a simple promise. The bond must be for some bona fide consideration. The person giving the bond is called the obligor; the person to whom it is given is called the obligee. A bond is usually given not as a promise to pay money, for a promissory note would answer that purpose, but as a promise to pay money in case certain acts are not done. These acts are specified in the bond, and are called the condition of the bond. The faithful performance of these acts within the time speci fied renders the bond null and void. The amount of money named in the bond is called the penalty. It is usually sufficient to cover the debt it is intended to secure, with interest and costs added. In order to secure this the sum is fixed at twice the amount of the actual debt. "The meaning and effect of this is, that if the obligor fails, in any respect, to do what the condition recites, then he is bound to pay the money he acknowledges himself, in the bond, bound to pay. But now the law comes in to mitigate the severity of this contract. And whatever be the sum which the obligor acknowledges himself, in the bond, bound to pay, he is held by the courts to pay the obligee only that amount which will be a complete indemnification to him for the damage he has sustained by the failure of the obligor to do what the condition recites. "For example: suppose A B makes a bond to C D in the sum of ten thousand dollars. The condition recites that one E F has been hired by C D as his clerk, and that A B guarantees the good conduct of E F; and if E F does all his duty honestly and faithfully, then the bond is void, and otherwise remains in full force. Then suppose E F to cheat C D out of some money. A B is sued on the bond; C D cannot recover from him, in any event, more than the ten thousand dollars; and he will, in fact, recover from him only so much of this as will make good to C D all the loss he has sustained by E F's misconduct. As the obligee can recover from the obligor only actual compensation for what he loses, it is usual in practice to make the penal sum in the bond large enough to cover all the loss that can happen." A Simple Form of Bond, Without Condition. KNOW ALL MEN BY THESE PRESENTS, That I, William Jackson, of the city of Richmond, State of Virginia, am held and firmly bound unto Franklin Stearns, of the city and State afore said, in the sum of two hundred dollars, lawful money of the United States of America, to be paid to the said Franklin Stearns, or his certain attorney, Henry Cannon, or his assigns; to which payment, well and truly to be made on or before the first day of January, 1879, I bind myself, my heirs, executors, and administrators firmly by these presents. Sealed with my seal, dated the first day of March, in the year of our Lord one thousand eight hundred and seventy-eight. IN TESTIMONY WHEREOF, I, William Jackson, have set my hand and seal to this instrument, on the first day of March, in the year of our Lord one thousand eight hundred and eighty one Executed and delivered in presence of WILLIAM H. MYERS, SAMUEL W. STOKES. } WILLIAM JACKSON. [SEAL.] General Form of Bond, With Condition. KNOW ALL MEN BY THESE PRESENTS, That I, Francis Gibbons, of the city of Covington, State of Kentucky, am held and firmly bound unto Robert Breckenridge, of the city and State aforesaid, in the sum of one thousand dollars, to be paid to the said Robert Breckenridge, his executors, administrators, or assigns, for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal, dated the twentieth day of March, 1881. The condition of the above obligation is such, that if the above-bounden Francis Gibbons, his heirs, executors, and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the above-named Robert Breckenridge, his executors, administrators, or assigns, the just and full sum of five hundred dollars, on the tenth day of March, 1879, with interest, at six per cent. per annum, payable half-yearly from the date hereof, without fraud or other delay, then the above obligation to be void; otherwise, to remain in full force. And it is hereby expressly agreed, that, should any default be made in the payment of the said interest, or of any part thereof, on any day whereon the same is made payable, as above expressed, and should the sameʼremain unpaid and in arrear for the space of thirty days, then and from thenceforth—that is to say, after the lapse of the said thirty days—the aforesaid principal sum of five hundred dollars, with all arrearages of interest thereon, shall at the option of the said Robert Breckenridge, or his executors, administrators, or assigns, become and be due and payable immediately thereafter, although the period first above limited for the payment thereof may not then have expired, anything hereinbefore contained to the contrary thereof in anywise notwithstanding. FRANCIS GIBBONS. [SEAL.] Executed and delivered in presence of THOMAS PRESTON, ROBERT STEELE, Form of Bond, with Power of Attorney to Confess Judgment. KNOW ALL MEN BY THESE PRESENTS, That Robert White, of the city of Richmond, State of Virginia, is held and firmly bound unto Richard Jones, of the city and State aforesaid, in the sum of one thousand dollars, lawful money of the United States of America, to be paid, on the first day of March, 1881. to the said Richard Jones, or his certain attorney, executors, adminis rators, or assigns: to which payment well and truly to be made, his heirs, executors, and dministrators, are firmly bound by these presents. Sealed with his seal, dated the first day of January, 1880. The condition of this obligation is: That if the above-bounden Robert White, his heirs, executors, administrators, or any of them, shall and do well and truly pay, or cause to be paid, unto the above-named Richard Jones, or his attorney, executors, administrators, or assigns, the just sum of five hundred dollars, without any fraud or further delay, then the above obligation to be void, or else to be and remain in full force and effect. Sealed and delivered in the presence of ROBERT WHITE. [SEAL.] THOMAS WILSON, To George Howard, Esq., attorney of the Circuit Court, at Richmond, in the county of Henrico, in the State of Virginia, or to any other attorney of the said court, or of any other court, there or elsewhere. Whereas, Robert White, in and by a certain obligation bearing even date herewith, does stand bound unto Richard Jones, in the sum of one thousand dollars, lawful money of the United States of America, conditioned for the payment of a certain promissory note, dated January 1st, 1880, These are to desire and authorize you, or any of you, to appear for said Robert White, his heirs, exécutors, or administrators, in the said court or elsewhere, in an action of debt, there or elsewhere brought, or to be brought, against me, or my heirs, executors, or administrators, at the suit of the said Richard Jones, his executors, administrators, or assigns, on the said obligation, as of any term or time past, present, or any other subsequent term or time there or elsewhere to be held, and confess judgment thereupon against me, or my heirs, executors, or administrators, for the sum of five hundred dollars, debt, besides costs of suit, in such manner as to you shall seem meet; and for your, or any of your so doing, this shall be your sufficient warrant. And I do hereby for myself, and for my heirs, executors, and administrators, remise, release, and forever quit-claim unto the said Richard Jones, or his attorney, executors, administrators, and assigns, all and all manner of error and errors, misprisions, misentries, defects and imperfections whatever, in the entering of the said judgment, or any process or proceedings thereon or thereto, or anywise touching or concerning the same. In witness whereof, I have hereunto set my hand and seal the first day of January, A. D. 188c ROBERT WHITE. [SEAL.] |