BONDS.

Pay (balance to agent).

Obligation.
Recital.

No. CCXXVI.

*Bond from a Country Solicitor to his Agent in London for the re-payment of balances on account of monies which may be advanced (1).

KNOW ALL MEN, &c. (2). WHEREAS the above named (obligor) practises as an attorney and solicitor at aforesaid, and the said (obligee) hath agreed to act as his agent in London to transact such parts of the professional business of the said (obligor) as are to be done in the offices or courts in London, upon his executing the above obligation to secure the repayment of such sums as the said (obligee) may advance or pay for the said (obligor) on acCONDITION. Count of the said business. Now THE CONDITION of the above written obligation is such, that if the above bounden (obligor), his heirs, executors or administrators, or partner or partners for the time being, do and shall from time to time and at all times, yearly and every year, so long as he the said (obligee) his partner or partners for the time being, shall be or act as the London agent or agents of the said (obligor) or his partner or partners, well and truly pay, or cause to be paid unto the said (obligee), his executors, administrators, partner, partners or assigns, on or before the

day of

in every year, all such balance and sum or sums of money as shall or may at or upon the settlement of accounts between them, on or up to the day of then next preceding, appear to be justly owing to the said (obligee), his executors, administrators, partner or partners, as such agent or agents aforesaid, or otherwise howsoever, from him the said (obligor), his executors, administrators, partner or partners, clients or assigns, after allowing and abating all and every such sum and sums as he the said (obligee), his, &c. shall have received for or on account of him, them, or any of them. THEN, &c.

Obligation.

(1) This bond, mutatis mutandis, is equally applicable to the purpose of securing balances due from the London agent to his country solicitor.

(2) Form of obligation as ante, p. 77.

No. CCXXVII.

*Bond from a Merchant to Pay Bills of Exchange to be drawn upon him by his Factor abroad.

BONDS.

Pay (bills of exchange).

KNOW ALL MEN, &c. (1). WHEREAS [recite shortly the facts leading to the bond being given]. Now THE CONDITION of the CONDITION. above written obligation is such, that if the above bounden (obligor), his heirs, executors or administrators, shall and do accept all and every bill or bills of exchange which are, is or shall be drawn by (factor) residing at on the said (obligor), for such goods, wares or merchandizes as shall or may be shipped and laden by the order of the said (obligor) on board the ship

in

whereof
is master, or any other ship or vessel, or ships or
vessels, as and when the said bill or bills of exchange shall be ten-
dered or presented to or for the acceptance of the said (obligor), his
executors or administrators, not exceeding the amount of £
sterling in the whole; and also if the said (obligor), his heirs, exe-
cutors or administrators, shall and do well and duly pay or cause to
be paid all and every the full amount or value of or mentioned in
all and every such bill or bills of exchange which shall be so drawn
and presented, at such days and times, and in such manner as the
same and every of them respectively shall become due and payable,
according to the tenor and purpose of every or any such bill or bills
of exchange respectively, and the custom of merchants in relation
thereto. THEN, &c.

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

Obligation.

BONDS.

Pay (composition).

No. CCXXVIII.

*Bond from a Debtor to Pay Composition agreed to be accepted by his Creditors (1).

ment of com

position.

day of

Recital of agree KNOW ALL MEN, &c. (2). WHEREAS in or by a certain indenture bearing date on or about the the (obligee), amongst other creditors of the above bounden (obligor), agreed shillings in the pound as a composition in

to accept the sum of

owing to him by the said

full for a certain debt or sum of £
(obligor), to be paid at the times following, (that is to say)
shillings in the pound part thereof on the

day of

shillings in the pound other part thereof, on, &c. and in which said indenture there is contained a proviso, that if the said (obligor) should fail in either of the said payments, then the said indenture should be void and of no effect, and the creditors parties thereto should respectively be at liberty to sue for and recover the whole amount of their respective debts; and the said (obligor) thereby agreed to execute a bond for the due payment of the said composition when required by any of his said creditors, in penalties of double the amount of the original debt, with a condition to be thereunder written, that if any default should be made in either of the said payments at the times aforesaid, the said penalties should be forfeited, and be a security for the payment of the whole amount of their respective debts, in like manner as if no composition had been entered into, as by the said in part recited indenture, reference being thereunto had, will more fully appear. AND WHEREAS there was due and owing to the said (obligee), at the time of his signing the said indenture, the sum of L and he has required the above written obligation

for securing the said composition so payable to him as aforesaid. CONDITION. NOW THE CONDITION of the above written obligation is such (3), that

Obligation.

(1) See ante, MOD. PREC. Vol. VI. p. 376. (3d Edit.) in notes.

(2) See ante, p. 77, and 73, notes.

(3) See post. No. CCXXXII. (p. 164.) and notes there.

if the said (obligor), his heirs, executors or administrators, do and shall well and truly pay, or cause to be paid unto the said (obligee), his executors, administrators or assigns, the sum of £

BONDS.

Pay

(composition).

on

which will be in the year, &c. (1)

[as before], making in the whole the sum of L

(being the composition money so agreed to be accepted by him the
said (obligee) for his said debt of L after the rate of
shillings in the pound as aforesaid). AND if the said (obligor), his
heirs, executors or administrators, do and shall, at the respective
times of paying the said several sums or instalments, well and truly
pay or cause to be paid unto the said (obligee), his executors, ad-
ministrators or assigns, interest for the same at and after the rate of
£5 per cent. per annum, from the date of the said in part recited
indenture to the said respective times of payment: AND if the said
(obligor), his heirs, executors or administrators, do and shall make
the said several payments, and every of them, without any deduc-
tion, defalcation or abatement, and without fraud or delay; or in the
case of any such default, fraud or delay, then if the said (obligor),
his heirs, executors or administrators, do and shall well and truly
pay or cause to be paid unto the said (obligee), his executors, admi-
nistrators or assigns, upon demand, the full sum of £
of
lawful money of the United Kingdom of Great Britain and Ireland,
(being the whole of the said debt owing to him the said (obligee) by
the said (obligor) as aforesaid), together with interest for the same,
after the rate of £5 per cent. per annum, THEN, &c.

(1) If bills of exchange or promissory notes are to be given for pay- Bills. ment of the instalments, see and vary the condition as ante, No. CCXXVII.

BONDS.

Pay freight).

No, CCXXIX.

*Bond by Owners of a Ship, &c. to Pay Freight, &c. for Goods shipped (1). (Usual form).

KNOW ALL MEN, &c. (2) WHEREAS the above bounden (obli-
gors) are bound out on a voyage to
and other parts beyond

seas; AND WHEREAS the above named (obligee), at the request of
the said (obligors), hath shipped, or is about to ship, on board some
ship or ships for

of

particularly mentioned in the invoice thereof, which goods, by agreement, are to be consigned to the said (obligors) at and they have agreed and do hereby agree to receive the same, and pay the freight thereof to the said place, and to dispose of the said goods, and run all the risks of the same after their arrival there, and to answer, pay and make good to the said (obligee) at for the said goods, and his profits thereby, and for bearing the risk thereof, the sum of CONDITION. L hereunder mentioned. Now THE CONDITION of the above written obligation is such, that if the above bounden (obligors), their executors or administrators, or either or any of them, shall and do receive the said goods upon their arrival at aforesaid, and pay the freight thereof to the said place, and run all risks of the same after their arrival there, and do and shall truly pay, or cause to be paid, satisfied and made good unto the said (obligee), his executors, administrators and assigns, for the said goods, and his profits thereby, and for his risk thereof to

as

of, &c. on the

day of

aforesaid, the sum of £
(all further advantages by or in respect of the said goods being
for the proper account and use of the said (obligors)). THEN, &c.

(1) See post. "CHARTER PARTY."

(2) See ante, p. 73, and notes.