CONDITION OF A BOND FOR

THE TITLE AND РЕАСЕ

ABLE ENJOYMENT ON THE PURCHASE OF COPYHOLDS. *

WHEREAS the above bounden (obligor) hath, on or before the day of the date of these presents, for valuable considerations in money to him in hand paid by the said (obligee,) surrendered into the hands of the lord of the manor of in the county of —, according to the custom of the said manor, ALL, &c. to the use and behoof of the said (obligee,) his heirs and assigns for ever, at the will of the lord, according to the custom of the said manor, free from incumbrances, (except only the customary rents and services incident thereto,) as in and by such surrender, reference being thereunto had, will appear. Now THE CONDITION of the above written obligation is such, that if the said (obligor) at the time of the making and executing the said hereinbefore in part recited surrender was solely seised to and to the use of him and his heirs, of an indefeasible estate of inheritance in fee, according to the custom of the said manor, of and in all and singular the messuages, lands, and hereditaments so by him surrendered to the use of the said (obligee) as aforesaid; and also then had in himself full power, and lawful and absolute right and authority to surrender the same, with the appurtenances, to the use of the said (obligee,) his heirs and assigns, in manner aforesaid, and according to the true intent and meaning of the said surrender: AND also, if the said (obligee), his heirs and assigns shall, or lawfully may, from time to time, and at all times hereafter, peaceably and quietly enter into and upon, and have, hold, occupy, possess, and enjoy the same hereditaments and premises, and every part thereof, to or for his or their own proper use and behoof, or benefit, without any lawful let, suit, trouble, hindrance, denial, disturbance, or molestation, of or by the said (vendee,) or his heirs, or any other person or persons whomsoever: and that, free and clear of and from all former and other surrenders, gifts, grants, entails, wills, devises, fines, amerciaments, arrears of rent, forfeitures, seizures, and cause and causes thereof, and all other estates, titles, charges, and incumbrances whatsoever, (other than the rents and services aforesaid, from henceforth to grow due, and be payable for or in respect thereof, and the fine to be paid to the lord for admittance thereto.) AND also, if the said (obligor) and his heirs,

* These conditions may be converted into covenants for the title; and they may be also added to a deed of covenant to surrender, &c. See p. 95.

per

and all and every other person and persons now or hereafter lawfully or rightfully claiming, possessing, or having any estate, right, title, charge, or interest in possession, reversion, or otherwise, in, to, upon, out of, or respecting the said premises, or any part thereof, do and shall from time to time, and at all times hereafter, upon every reasonable request, and at the costs and expense of the said (obligee,) his heirs or assigns, make, do, perform, execute, and perfect, and cause and procure to be made, done, performed, executed and fected, all and every such further and other lawful and reasonable acts, deeds, conveyances, and assurances in the law whatsoever, for the further, better, and more absolutely, effectually, and satisfactorily surrendering, confirming, and assuring the said hereditaments and premises, with the appurtenances, and every part and parcel thereof, to the use and behoof of the said (obligee,) his heirs and assigns for ever, according to the custom of the said manor, and the true intent and meaning of these presents, as by the said (obligee,) his heirs or assigns, or his or their counsel learned in the law, being of the degree of a barrister, shall be reasonably devised or advised and required. Then the above written obligation shall be void;* but else, &c.

CONDITION OF A BOND TO TRUSTEES PRIOR TO MARRIAGE FOR SECURING A PROVISION FOR THE WIFE AND ISSUE AFTER THE DEATH OF THE HUSBAND.

[After reciting the facts.] Now THE CONDITION of the above written obligation is such, that if the said intended marriage shall take effect, and the said (wife) shall happen to survive the said (obligor,) and there shall not be any child or children begotten between them, nor any issue of any such child or children who shall be living at such the decease of the said (obligor,) or afterwards born alive; THEN, and in such case, if the heirs, executors, or administrators, of the said (obligor) do and shall immediately after such the decease of the said (obligor,) well and truly pay unto the said (wife) the full and just sum of £— of lawful money of Great Britain, to and for her own proper use and benefit for ever; OR, in case the said (wife) shall happen to survive the said (obligor,) and there shall be any child or children begotten between them, or any issue of such child or children living at such the decease

* A deed of covenant to surrender, or after a surrender, for the title of copyholds, will run in the same terms.

of the said (obligor,) or afterwards born alive; THEN if the heirs, executors, or administrators of the said (obligor) do and shall within three calendar months next after such the decease of the said (obligor,) well and truly pay, or cause to be paid unto the said (obligees,) or the survivor of them, his executors, administrators, or assigns, the like sum of £UPON THE TRUSTS, and to and for the ends, intents, and purposes hereinafter mentioned and declared of and concerning the same, (that is to say); IN TRUST, that they the said (obligees,) or the survivor of them, his executors, administrators, or assigns, do and shall, as soon as conveniently may be upon the receipt thereof, lay out the said sum of £- in

the purchase of stock in the 3 per cent. consolidated Bank annuities in their own joint names, or the name of the survivor of them, and pay to, or otherwise permit and suffer, or authorise and impower her the said (wife) to receive and take the dividends, interest, and annual proceeds thereof during her natural life: AND from and immediately after her decease, IN TRUST, that they the said (obligees,) or the survivor of them, his executors, administrators, or assigns, do · and shall pay and dispose of the said sum of £— and assign and transfer the said stock in or upon which the same shall be then vested, unto and equally between and amongst all and every the child and children of the said (obligor,) on the body of her the said (wife) his intended wife to be begotten, which shall be living at the time of the decease of the said (wife); and the issue which shall be then living of such child or children of the said (obligor) and (wife) as shall happen to die in the lifetime of the said (wife,) such issue nevertheless to take only the same share thereof as his, her, or their respective father or mother would have been entitled to if living at the time of the decease of the said (wife,) as aforesaid. THEN, &c.

CONDITION OF A BOND TO SUFFER THE WIFE TO

LIVE SEPARATE.

[After proper recitals.] Now THE CONDITION of the above written obligation is such, that if the above bounden (husband) shall, and do, and shall from time to time and at all times hereafter during the term of his natural life permit and suffer the said his wife, and the said his daughter, (in case they or either of them shall so long live,) to live separate and apart from him the said (husband,) without any molestation, disturbance, or interruption of or by him the said (husband): And also if the said (husband,) his executors,

or administrators shall and do at all times hereafter permit and suffer the said his wife to have, hold, and enjoy, to and for her own sole and separate use, all and every the monies, goods, chattels, and effects, whereof she the said (wife) is now possessed; and also all and every the monies, goods, chattels and effects which the said (wife) shall or may at any time or times hereafter get or acquire, or which shall or may be given or bequeathed to the said (wife) by any person or persons whomsoever, without any hindrance, molestation, or interruption of or by him the said (husband): And also if the said (husband) shall and do from time to time, and at all times hereafter demean and behave himself peaceably and quietly towards the said his said wife, and the said his said daughter, and each of them, and shall not in any manner or way whatsoever molest, assault, disturb, or do any bodily hurt or injury to the said his said wife, and the said his said daughter, or either of them,* THEN the above written obligation shall be absolutely void and of none effect whatever; but otherwise remain and be in full force, virtue, and effect.

CONDITION OF A BOND FOR THE FIDELITY OF A

CLERK OR OTHER SERVANT.

[After proper recitals.] Now THE CONDITION of the above written obligation is such, that if the said (servant) do not, or shall not at all times hereafter, and from time to time, so long as he the said (servunt) shall continue and be employed in the service of the said (obligee) as his clerk or servant, well, faithfully and truly serve the said (obligee) his master,without consuming, wasting, embezzling, misapplying, or unlawfully making away with any of the monies, goods, chattels, wares, merchandizes, or effects whatsoever of the said (obligee) his said master, or of any other person or persons whomsoever, for which he the said (obligee,) his heirs, executors or administrators shall or may by any law, custom, or usage whatsoever, be any ways answerable or responsible,

* For the protection of the husband the following further condition should be added in this place:

AND also, if the said (husband,) his heirs, executors, or administrators, or his or their goods or chattels, lands, or tenements, shall at any time hereafter be sued, attached, or otherwise charged or incumbered, for or by reason or means of any debt or debts which the said his said wife hath already contracted, or shall or may hereafter contract;

Then, &c.

which shall be committed to his the said (servant's) charge, care, custody, or keeping, by reason or means of his said. service, or being clerk, as aforesaid: And if the said (servant) shall at any time during the time of his being clerk or servant to the said (obligee,) his executors, or administrators, neglect, or refuse to account with him the said (obligee,) his executors, administrators, or assigns, weekly, or oftener, if hereunto required by the said (obligee,) his executors or administrators, by reasonable notice in writing, under his or their hand or hands, for that purpose to be given to or left for him the said (servant) at his house or usual place of abode or habitation. Then, if the said (obligors,) or either of them, their or either of their heirs, executors, or administrators, or any of them, do and shall (within three calendar months, next after due proof thereof, either by the confession of the said (servant,) or otherwise, howsoever, and notice or warning thereof given or left at or in the dwellinghouse, habitation, or place of residence of the said (obligors,) or either of them, or of their or either of their heirs, executors, or administrators, in writing or otherwise, make good and sufficient recompence, satisfaction, and payment to the said (obligee,) his executors, administrators, or assigns, for the said monies, goods, chattels, wares, merchandizes, or effects, of him the said (obligee,) so consumed, lost, wasted, mispent, or misapplied, as aforesaid, and also for all such losses, damages, or charges as he the said (obligee,) his executors or administrators shall suffer, sustain, or be put unto for or by reason or means of his, the said (servant's) neglecting or refusing to account as aforesaid; the above written obligation shall be wholly null and void, but otherwise, &c.

COPARTNERSHIP DEEDS.] When two or more persons agree to be connected together in any trade or business, share and share alike, or in any other proportion, they thereby become copartners in trade; and although it is not absolutely necessary, in order to constitute a copartnership, that there should be any written instrument between the parties (as their acting as such is sufficient to bind them in that character to all the world); yet it is exceedingly proper, upon these occasions, that their reciprocal engagements and relative interests should be reduced into writing.