Το pt of the sd road and or. the preses afd so well and Replace sufficiently repaired and amended Then, &c. Stock. Bond not usurious, nor within the stock jobbing act. Stamp. Obligation. loan. Sale of stock. Condition. Obligation. Bond for replacing Stock. Obs. 1. A contract to replace stock, and in the mean time to pay the dividends, is not usurious, although they exceed the legal rate of interest; Tate v. Wellings, 3 T. R. 530. It was formerly doubted whether a loan of stock was not within the stock-jobbing Act of 7 G. II. c. 8; but it has since been expressly decided, that if the obligor fail in his engagement to replace the stock, the obligee may maintain an action against him to recover the value of the stock on the day appointed for the transfer; Sanders v. Kentish, 8 T. R. 162. But an obligee is not entitled to special damages for any profit he might have made if the stock had been sooner replaced, unless he shew that he demanded payment for that express purpose. 2. An ad valorem stamp, reckoned on the value of the stock, on the day of the date of the bond, or either of the ten days preceding. Know all, &c. That, &c. Whas the sd (obligors) being in want of a supply of money and the sd (obligee) being possessed of a sum or share in the 3 per cent. consolidated Bk Annties hath agrd at the request of the sd (obligors) and also on the sd (sureties) as their sureties engaging and securing by their bond to transfer to him the same or a like sum in the sd stock or fund at the end of twelve calr mths and in the mean time to pay to him such sum or sums of money as the divds of the sd stock would have amounted unto if the same had not been sold out And whas in pursuance of the same agrt the sum of £ 3 per cent., &c. was sold out on the day of inst. and the sum of £-sterling produced thby after deducting commission was pd to the sd (obligors) Now, &c. That if the above-hounden (obligors) oř (sureties) or any or either of them do and shall on or before the day of next ensuing duly purchase and transfer the sum of £ Bond of Resignation, as Master of a Free-school, in case of Negligence, &c. Know all, &c. (for the form of the obligation from one to a corporation, see Forms) Whas the court of assistants of the above-named company in pursuance of To resign the trust in them reposed did on, &c. elect and choose the Office. above-bounden (obligor) to be chief schoolmaster at in the co. of founded and endowed by, &c. decd Recital of during his diligent and faithful discharge of his duty in Election. such behalf Now, &c. That if the sd (obligor) from time to time Condition. and at all times hraftr during his continuance in the sd place or office of schoolmaster do and shall observe perform fulfil obey and keep all rules and orders already made or to be made by the sd company for the better regulation of the sd school and scholars And also do and shall faithfully diligently and carefully exte perform and discharge his duty and office in the sd place of chief schoolmaster of the sd school in all respects whatsr for the bent and credit of the sd school according to the trust in him reposed by the sd company And if at any time the sd court of assistants of the sd company being convinced to their satisfaction that the sd (obligor) is apparently negligent of the sd duty and trust in him reposed to the detriment and injury of the sd school and scholars and shall thereupon see good and sufficient cause and reason to remove and displace the sd (obligor) from his sd place of master of the sd school and do and shall elect and choose some or. psn to succeed him then if the sd (obligor) do and shall within mths after the notice thof to him given or left in writing for him at the sd school under the hands of the master and wardens of the sd company or any three of them peaceably and quietly leave surrender and resign his sd place of chief schoolmaster togr with the posson of the sd school and school-house with the apts to such psns as shall be apptd to succeed him And also if the abovebounden (obligor) his exs or ads on the death or removal of him the sd (obligor) from the place of schoolmaster of the sd school do not remove take or carry away or cause to be removed, &c. from the dwelling-house which the sd (obligor) will reside in as master of the school any mantle-pieces bars bolts locks keys, &c. now standing and affixed in and to the sd house or pull down demolish or in anywise wilfully deface or damage the sd dwelling-house or the brewhouse or or. outhouses thereunto belonging and therewith used and enjoyed but do and shall on the death or removal of him the sd (obligor) as afd leave surrender and yield up the same as afd peaceably and quietly to the sd master and wardens or to such or. psn or psns as they shall appoint to take posson thereof whole and undefaced (reasonable use and wear thereof in the mean time only excepted) Then, &c. * I. To resign Bond to reside upon a Parsonage, and to resign in favour of the Patron. Obs. Formerly, general as well as special bonds of resignation were held good at law, and a court of equity would interfere only when a bad use was attempted to be made of such bonds; but in the well-known case of the Bishop of London v. Ffytche, the House of Lords held, that a presentation after a general bond of resignation was illegal, and consequently that a bishop could not be compelled, under such circumstances, to induct the person presented to him, 2 B. P. C. 211. Since that decision special bonds of resignation have been held good, Ld Sondes v. Fletcher, 5 B. and A. 835; Fletcher v. Ld Sondes, 1 Bligh, N. S. 144; and by the 9 G. IV. c. 94, they are now, in confirmation of the common law, made valid in specified cases. Obligation. Know all, &c. That, &c. Whas the rectory of the church is vacant. Agreement to reside. in the co. of and diocese of is church of Recital that vacant by the death of IH clk the last incumbent therein And the above-named (obligee) being the patroness of the sd rectory and church hath by writing under her hand and seal bearg date, &c. presented the abovebounden (obligor) to the bishop of the sd diocese To the end that he the sd (obligor) may be admitted instituted and inducted into the sd rectory and church as afd And whas the above-bounden (obligor) hath agrd to be psonally resident in the sd parish of so long as he shall continue rector or incumbent there witht procuring or accepting any qualification or licence from any psn or psns for dispensing with his the sd (obligor's) residence in or upon the sd parsonage And whas the sd (obligee) hath sevl sons who are now all infants but probably some one of the sd sons may be desirous of taking holy orders and of being presented to the sd rectory and the sd (obligor) hath agrd in that event to resign the sd rectory or living upon the request of the sd (obligee) or the owner of the sd rectory for the time being in order that any son so taking holy orders may be presented thereunto To resign in favour of patron's son. Condition. Now, &c. That if the sd (obligor) shall procure himself to be legally admitted, &c. into the sd rectory as afd And also if he shall continue to reside in and upon the sd parsonage of, &c. for so long time as he shall be rector there witht procuring or accepting any qualification or licence from any psn or psns whomsoever whby to dispense with the sd (obligor's) residence in or upon the sd parsonage And also if any son of the sd (obligee) shall take orders and the sd (obligee) or the owner of the sd rectory for the time being shall present such son of the sd (obligee) to the sd rectory and the sd (obligor) within calr months after request made to him for that purpe do and shall resign the sd living to the bishop of the diocese for the time being and cause such resignation to be accepted so that the sd rectory may become vacant And also within the same month give notice of such resignation to the sd (obligee) her exs ads or ass Then, &c. Bond for securing a Sum of Money by the intended Husband to the Wife, and the Issue of the Marriage. Obs. A bond conditioned for the payment of money after the obligor's death, given to a woman in contemplation of the obligor's marrying her, and intended for her benefit, is held to be a good marriage contract at law, and is not extinguished by the subsequent marriage of the parties. Milbourne v. Ewart, 5 T. R. 381. Courts of equity consider such bonds as agreements for a settlement of which specific performance will be strictly enforced, as well for the benefit of the issue of the marriage as for the wife; Prebble v. Boghurst, 1 Swan. 309, To settle Money. Know all, &c. That, &c. Whas a marre is intended Obligation. to be shortly had and solemnized betn the above bounden (obligor) and M the daur of the above-named Recitals. RP And whas the sd (obligor) in conson of the marriage portion or fortune of the sd M P hath agreed that if the sd intended marre shall take effect and the sd M P shall happen to survive him the sd (obligor) and there shall not be any child or chn of the sd marre nor any issue of any such child or chu then living or afterwards born alive the sum of £ shall be pd out of his este and effects unto the above-named (obligees) or the survor of them or the exs, &c. upon trust to pay the same to the sd M P for her own proper use and bent but in case the sd MP shall happen to survive him the sd (obligor) and there shall be any child or chn of the sd marre or any issue of such child or chn then living or aftwds born Then and in such case the hrs exs or ads of the sd (obligor) shall within mths next after his dece well and truly pay or cause to be pd unto the sd (obligees) or the survor, &c. the full sum of £ upon the trusts hnafter mentd Now, &c. That if the sd intended marre shall take Condition. effect and the above-named M P shall happen to survive the sd (obligor) and there shall not be any child or chn of the sd marre nor any issue of such child or chn who shall be living at the dece of him the sd (obligor) or aftwds born Then and in such case if the hrs exs or ads of the sd (obligor) shall immly after the dece of the sd (obligor) well and truly pay or cause to be paid unto the sd (obligees) or the survor, &c. the full and just sum of £- of lful money of, &c. upon trust to pay the same unto the sd MP for her own proper use and bent or in To settle case the sd M P shall happen to survive the sd (obligor) Money. and there shall be any child or chn of such marre or any issue of such child or chn living at such the dece of him the sd (obligor) or aftwds born alive then aud in such case if the hrs exs or ads of the sd (obligor) shall and do within mths next after the dece of him the sd (obligor) weH and truly pay or, &c. unto the sd (obligees) or the survor, &c. the full and just sum, &c. upon the trusts and to and for the intents and purps hnafter mentd and expssd of and concerning the same that is to say upon trust that they the sd (obligees) or the survor, &c. do and shall as soon as conveniently may be after the rect of the sd sum of £- lay out and invest the same in the purchase of such parliamentary or government secty or secties as they shall think fit and pay to or orwise permit and suffer the sd MP or her ass to rece and take the int divds and prfts during her natural life And from and immly after her dece In trust that they the sd (obligees) or the survor, &c. do and shall pay and dispose of the sd sum of £— and assign and transfer the secties wherein the same shall be then vested unto and equally among all and evy the child and chn of the body of the sd (obligor) on the body of the sd M P his intended wife to be begotten that shall be living at the time of the dece of the sd M P and the issue which shall be then living of such child or chn of the sd (obligor) and M P as shall happen to die in the lifetime of the said (obligee) or M P such issue nevss to take only the same share and proportion thof as his her or their respive father or mother would have been entitled to if living at the dece of the sd MP Then, &c. Bond for securing a Sum of Money and conveying all the Obs. As to a bond for settling estates, see Obs. last precedent, Know all, &c. Whas, &c. (recite intended marriage, see last precedent) And whas the sd (IH) in conson of the sum of £ to be paid to him at or before the marre and as the marre portion or fortune of the sd (IW) And also in conson of the love and affection which the sd (IH) bears to the sd (I W) and for making a provision for the sd (IW) and the issue of the sd intended marre in case the same shall take effect Hath agrd not only to pay such a sum of money to such psns and at such times as is hnaftr mentioned but also that if at any time during the term of his natural life he shall be |