BONDS,

Indemnity (trustee).

Obligation.

No. CCXVIII.

*A Bond to Indemnify Trustees or Executors on permitting a person to retain money directed to be otherwise disposed of.

day of

KNOW ALL MEN, &c. (1). WHEREAS, by indenture bearing date,
on or about the
, &c. [if a portion, provided by
settlement; but if by will] WHEREAS (testator) late of, &c. by his
last will and testament in writing, bearing date, &c. gave and bequeath-
ed unto the said (obligee and co-trustee or executor), their executors
and administrators, the sum of £ sterling, IN TRUST to place the
same out upon Government or real securities, and to pay and apply
the interests and proceeds thereof for and towards the maintenance
and education of all and every the children of him the said (testa-
tor, &c.) who should be living at the time of his decease, until they
should attain their respective ages of twenty-one years, and then in trust
to pay the same unto the said children in the shares and proportions
and manner therein mentioned, and [if by will] appointed the said
(obligees) executors of his said will. AND whereas the said testator
departed this life on or about the
without revoking
or altering his said will, leaving

day of

children, namely

and

him surviving, all of whom are still under the age of twentyone years [or as the case may be]; AND whereas the said (executors), soon after the decease of the testator, duly proved the same in the Prerogative Court of the Archbishop of Canterbury. AND whereas the said (obligor) hath requested the said (obligee) to permit him to reserve and retain in his hands the said sum of L so bequeathed to or vested in them, in trust as aforesaid, until the said children shall severally become entitled to

(1) See ante, pp. 73. 77.

BONDS.

Indemnity

(trustee).

receive their respective proportions of the same, which the said (obligee) hath consented to do, on the said (obligor) and (surety) entering into the above written obligation, with such condition' of defeazance as hereunder is written. NOW THE CONDITION (1) CONDITION. of the above written obligation is such, that if the above bound (obligor), his heirs, executors or administrators, do and shall well and truly pay or cause to be paid unto the said

and

children of the said (testator) as aforesaid, or to the survivors or survivor of them, their or his executors, administrators or assigns, their respective shares or proportions of the said legacy Lor sum of £ so given to [or vested in] the said (executors or trustees) in trust for them in or by the said in part recited indendenture [or will], together with all accumulations of any of the dividends, interest and proceeds thereof, at the ages and times, and in the manner and proportions, and according to the directions and true intent and meaning in all things of the said will [or indenture], and do and shall from time to time, and at all times hereafter, well and sufficiently save harmless and keep indemnified the said (obligee), his heirs, executors and administrators, and his and their goods and chattels, lands and tenements, from and against the same, and all loss, costs, charges, damages and expenses whatsoever which he or they shall or may pay, sustain or be put unto, by reason or on account of the said legacy [or sum] or of any part thereof, not being placed out upon Government or real security agreeably to the directions of the said recited indenture [or will] concerning the same, or for or by reason of any other default, matter, cause or thing whatsoever, by or on the part of the said (obligee) relating thereto. THEN, &c.

(1) See also condition, post. p. 163.

SUP.-VOL. II

BONDS.

Marry.

No. CCXIX.

*A Bond given to marry a woman within a given time, or in default to pay a sum of money.

KNOW ALL MEN, &c. (1) WHEREAS, &c. [recite the facts leading CONDITION. to the bond being given]. Now THE CONDITION of the above written obligation is such, that if the above bounden (obligor) shall and do on or before the day of , espouse and marry according to the rites and ceremonies of the church of England (the lady), daughter of the said (obligee) [or as the case may be], they the said (obligor and lady) being then living, and she the said (lady) assenting thereunto, and the laws of this realm permitting the same, or in case the said (obligor) shall make default therein, then if he the said (obligor) do and shall well and truly pay or cause to be paid unto the said (lady), her executors, administrators, or assigns, the sum of £ of good and lawful money of the united kingdom of Great Britain and Ireland, on the next ensuing the said hereinbefore limited for the time of the

day of

solemnization of the said marriage. THEN, &c.

Obligation.

(1) See ante, pp. 77 and 73, notes.

No. CCXX.

*Bond by a Master of a Vessel to deliver up a Pass received from the Admiralty, on his return from the voyage.

BONDS.

Passport.

KNOW ALL MEN, &c. (1) WHEREAS the above bounden (obligor)
of, &c. hath received a pass, purporting to be a Mediterranean pass,
signed by the right honourable the commissioners for executing the
office of lord high admiral of Great Britain, &c. [or as the case may
be] for the ship or vessel called the
and bound for or
and back, whereof he the said (obligor) is

about to sail to

day of

now last

actually master, bearing date the past. Now THE CONDITION of the above written obligation is such, CONDITION. that if the said (obligor), or in case of his death or inability the per

son who shall succeed him as master of the said ship or vessel called the

shall deliver or cause to be delivered the said pass into the admiralty office upon her return from her said intended voyage into the port of London, or to the proper officers of the customs at any other port of the United Kingdom of Great Britain and Ireland, where she shall arrive in order to her unloading; or in case the said (obligor) shall not return to any part of the said united kingdom within the term of years (2) from the date hereof,

(1) See ante, pp. 77, and 73 notes. (2) There is a variation as to the time for delivering up passes in different trades. Passes for ships trading to the ports of France, Portugal and Spain on this side the Mouth of the Streights, being to be delivered up within twelve months, either to the admiralty or the customhouse officer at the port of unloading in Great Britain or Ireland; for ships in either of the Plantations within a like period to the governor of such Plantation; for ships in the East India trade, at the return from the voyage, without any limitation of time; and passes for ships belonging to Gibraltar differ from all others, not only in the wording, which is for delivering them up to such commissioners within twelve calendar months, or at the end of the voyage if the ship return sooner, but as being granted by the commissioners for executing the office of lord high admiral at that place.

Obligation.

BONDS.

Passport.

and during the said term or time shall remain and be the property of
his Majesty's subjects or any of them; then if the master for the
time being of the said ship or vessel shall and do at the expiration of
the said term of
years, deliver or cause to be delivered the
said pass unto the governor or commander in chief of one of his Ma-
jesty's foreign governments or Plantations, or unto one of his Ma-
jesty's consuls, to be returned and transmitted to the commissioners
for executing the office of lord high admiral of the said united king-
dom. AND also if the said master for the time being do and shall
when and as often as the said ship or vessel shall go into any foreign
port or place within the reach or district of any of his Majesty's
consuls deliver or cause to be delivered the said pass unto such con-
sul or respective consuls, or his or their deputy or deputies, upon his
or their demanding the same in writing, in order to the said pass
being retained in the possession of such consul or consuls respectively,
or his or their deputy or deputies, until the said (obligor) shall have
received the usual clearances, and be ready to depart from such port
or place at or from which the said pass is to be returned for the use
of the said ship or vessel, or in case the said ship or vessel shall
happen to be taken by an enemy or by pirates, or to be cast away and
shipwrecked, by means whereof the said pass shall be inevitably lost
or destroyed, then the above obligation shall be void and of none ef-
fect (1). [BUT if the said master for the time being shall neglect to
deliver or cause to be delivered the said pass into the admiralty upon
her return from her present intended voyage into the port of London,
or to the proper officers of the customs at any other port of the united
kingdom of Great Britain and Ireland where she shall arrive within
the said term of
years in order to her unloading, or in case
the said ship shall not return to any port of the said united kingdom
within the said term, then unto the governor or commander-in-chief
of one of his Majesty's foreign governments or plantations, or unto
one of his Majesty's consuls in the Mediterranean or elsewhere, be-
fore the expiration of that term, or if the said master for the time
being shall neglect or refuse to deliver the said pass to any of his
Majesty's consuls or their deputies abroad, upon demand in writing
being made thereof in the manner above mentioned (to prove which
demand and refusal or neglect a certificate thereof in writing under

(1) The condition might, it should seem, end here, concluding with "or else," &c. in the ordinary form; but it is usual to go through the condition again in the negative.