appear: Now the condition of this obligation is such, that if the above bound A.B. do and shall appear according to the condition of the said bond or obligation, and as the law in such case requires: and if the said A. B. his heirs, executors and administrators, shall also from time to time, and at all times hereafter, save harmless and indemnify him the said C. D. his executors and administrators, and his and their goods and chattels, lands and tenements, of and from all damages, sum and sums of money, costs and charges whatsoever, which he, they, or any of them, shall or may at any time or times hereafter sustain, or be put unto by reason or means of the said C D's being bound for the appearance of the said A. B. as aforesaid. Then, &c. Or otherwise, &c. TH A Condition of a Bond of Indemnity, on a Sheriff's granting a Replevin. HE condition of this obligation is such, That if the above bound A.B. do appear at the next county court to be holden at in the county of &c. aforesaid, [As mentioned in the obligation, the form of which see under titles, Bonds, Bills,&c.] and there prosecute his action with effect against C. D. for the taking and detaining his cattle, that is to say, one cow, one horse, &c. [Here set forth the goods taken] and do also make return thereof,if a return shall be adjudged by law; and also do keep harmless and indemnify the above named sheriff, and his under sheriffs for touching and concerning the replevying and delivery of the said cattle, &c. Then &c. or otherwise, &c. T A Condition to pay Money on Marriage or Death, for Goods sold. HE condition of this obligation is such, That Whereas the above named C.D. hath sold unto the above bound A. B. one gold watch, &c. for the sum of &c. to be paid unto him the said C.D. his exécutors, administrators or assigns, at or upon the day of marriage or hour of death of the said A.B. which shall first happen: If therefore the said A. B. his heirs, executors or administrators, do and shall well and truly pay or cause to be paid unto the said C.D.his executors,administrators or assigns,the sum of &c.of lawful money of within six months after the solemnization of the marriage of the said A. B. or the time of the death of the said A. B. which shall first happen after the date of the above written bond or obligation: Then, &c. Or otherwise, &c. A Condition of a Bond of Arbitration. HE condition &c. that if the above bound A.B. his heirs, executors and administrators shall, and do, in and by all things, well and truly stand to, obey,abide,observe,perform,fulfil and keep the award,order,arbitrament,final end and determination of [or any two of them] arbitrators indifferently elected,chosen and named,as well by,and on the part and behalf of the said A.B. as by and on the part and behalf of the above named D.E. to arbitrate, award, order,judge and determine of and concerning all,and all manner of action and actions, cause and causes of actions, suits, bills, bonds, specialties, covenants, contracts,promises,accounts, reckonings, sums of money, judgments, executions, quarrels, controversies, trespasses, damages and demands whatsoever. at any time heretofore had, made, moved, brought, commenced, sued, prost ecuted, done, suffered, comitted, or depending by or between the said par ties, ties, so as the award of the said arbitrators [or any two of them be made and set down in writing indented, under their [or any two of their] hands and seals, ready to be delivered to the said parties in difference, on or before the THEN this, &c. day of The Condition of an Arbitration Bond, without or with an Umpirage. THE condition of this obligation is such, That if the above bound A. B. his or every them his their parts and behalves, do and shall well and truly stand to, abide, perform, observe,fulfil and keep the award,order,arbitrament,final end and determination of E. F. of &c. and G. H. of &c. arbitrators indifferently named, elected and chosen, as well on the part and behalf of the above bound A.B. as of the above named C.D. to arbitrate, award, order, adjudge and determine of and concerning all manner of actions,causes of action and actions,suits,bills,bonds, specialties, judgments, executions, extents, accounts, debts, dues, sum and sums of money, quarrels, controversies, trespasses, damages and demands whatsoever both in law or equity,or otherwise howsoever,which at any time or times heretofore have been, had, made, moved, brought, commenced, sued, prosecuted, committed, omitted, done or suffered, by or between the said parties or either of them; so as the said award, arbitrament, judgment, final end and determination between the said parties be made in writing, under the hands and seals of the said arbitrators, and ready to be delivered to the said parties, on or before the day of next ensuing the date of the above written obligation. Then this obligation to be void, or otherwise to be and remain in full force and virtue. [If an umpire be likewise chosen, then add, just before the conclusion of the above condition, the following clause of umpirage:] And if the said arbitrators shall not make and draw up their said award in writing under their hands and seals as aforesaid, and ready to be delivered to the said parties on or before the said day of now next ensuing; if then the said A. B. his heirs,executors and administrators, and every of them, do and shall stand to, abide, observe, perform, and keep the award, umpirage, judgment, final end and determination of N. O. of &c. umpire, indifferently elected and chosen between the said parties, for hearing, composing, ending and finally determining all and singular the differences aforesaid; so as the said umpire do make and draw up his said award, umpirage and determination in writing under his hand and seal, and ready to be delivered to the said parties on or before, &c. Then &c. Condition of a bond for Payment on two several days. day of HE condition of this obligation is such, That if the above bound A. B. his heirs,executors or administrators, do, and shall, well and truly pay unto the said C.D. his executors, administrators or assigns the sum of two hundred dollars on or before the next ensuing,[or which will be in the year together with lawful interest for the same, to be paid annually from the date hereofAnd the sum of two hundred dollars, on or before the day of next thereafter, [or which will be in the year together with the lawful interest for the same, to be paid annually, from the date hereof, THEN this obligation, &c. Condition of a Bond to procure an Heir at Law to convey when of Age, and for quiet enjoyment, &c. THEREAS the above bound I. K. by indenture of bargain and sale [or as the case may be] bearing even dated herewith, and made between her the said I. K. by the name of &c. widow and relict of R. K. late of &c. her late husband, deceased, of the one part, and the above named R. H. by the name of R. H. &c. of the other part, for the considerations therein mentioned, HATH granted &c. unto the said R. H. &c. ALL THAT &c. TO HOLD the same premises unto, and to the use of the said R. Hhis heirs and assigns forever: NOW THE CONDITION of the above obligation is such, that if E. K. the only child of R. K. [or heir at law &c. as the case may be] being now an infant of the age of years or thereabouts, at any time or times after she the said E. K. shall have attained the age of twentyone years, if then sole and unmarried, and if then married, the said E. K. and her husband do and shall, at the request, costs and charges of the said R. H. his heirs or assigns, duly execute all and every further conveyances and assurances, or do commit and suffer any, and every act, deed, matter or thing necessary for the full, complete and absolute conveyance, confirmation and assurance of the said messuages, &c. hereditaments and premises, &c. and every part thereof unto and to the use of the said R. H. his heirs and assigns, discharged of all prior grants, charges and incumbances by the said E. K. or her said husband, done, committed or suffered; and if the said R H. his heirs and assigns, shall and may at all times hereafter, peaceably and quietly have, hold, and enjoy all and singular the said hereditaments and premises, and receive and take the rents, issues and profits thereof, to his and their own use, without any let, suit, interruption, claim or demand of the said E. K. or any issue of her body, or any other person or persons having or lawfully claiming any estate, right, title or interest of, in or to the said hereditaments and premises, or any part thereof, by, from or under her the same E. K. or any of the issue of her body; THEN &c. TH A Condition to marry a certain Person, or pay a Sum of Money. HE condition of this obligation is such, That if the above bounden A. B. do on or before the day of next ensuing the date of the above written bond or obligation, espouse and lawfully marry, C. D. daughter of &c. if she the said C. D. will thereunto consent, and the laws of this state permit the said marriage to be consummated: Or, if it shall happen the said A. B. shall not marry and take to wife the said C. D. as aforesaid; if then the said A. B. do not, shall well and truly pay or cause to be paid to the said C. D. her executors, administrators and assigns, the full sum of, &c. of lawful money of on or before the day of &c. next ensuing the said day of, &c. above mentioned, Then, &c. or otherwise, &c. N. B. The bond on the above condition, must be made in the name of a third person. A Condition for Payment of a certain Sum yearly to two Persons during their Lives. TH HE condition of this obligation is such, That if the above bound A. B, his heirs, executors or administrators, shall well and truly pay or cause to to be paid to the said C. D. and E. F. during their natural lives, and the life of the survivor of them, the annual or yearly sum of, &c. of lawful money of on the 25th day of December in every year, the first payment thereof to begin and be made on the 25th day of December next ensuing the date above written: Then, &c. otherwise, &c. Note, If the word survivor or longer liver be omitted in a condition of this kind, as has been too frequently done, even by practitioners themselves, the bond becomes absolutely void on the death of either of the obligees. 3 Bulstr. 31. See Cro. Jac. 378. A Condition of a Bond for Performance of Covenants. things well and truly observe, perform, fulfil, accomplish, pay and keep all and singular the covenants, grants, articles, clauses, provisoes, payments,conditions and agreements whatsoever, which on the part and behalf of the said A. Bare or ought to be observed, performed, fulfilled, accomplished, paid and kept, comprised or mentioned in certain indentures of, &c, [Here mention lease, mortgage, assignment: and if articles of agreement say, in certain articles of agreement, or otherwise, as the nature of the deed referred to requires] bearing even date with the bond or obligation above written, and made or mentioned to be made between the said A. B. of the one part, and the above named C. D. of the other part, [ Where there are more parties in the deed referred to, you must be careful to mention them exactly, as therein described] according to the purport, true intent and meaning of the same: Then, &c. A Condition to free a town from the burthen of a bastard Child. WE one of the justices of the peace for the county of, &c. aforesaid,† That the above bound C. D. is the father of the male child she has lately been delivered of, which is likely to become chargeable to the parish of,&c. [If the woman be not delivered, then say thus, viz That she is big and pregnant with a bastard child; and that the above bounden C. D. is the father of such child, which when born will become chargeable to the parish of, &c.] Now the condition of this obligation is such, That if the above bound C. D. E. F. and G. H. or either or any of them, their or either or any of their heirs, executors or administrators do and shall from time to time, and at all times hereafter, fully and clearly acquit, free and discharge, or well and sufficiently save and keep harmless and indemnified the above named J. K. and L. M. church wardens and overseers of the poor of the parish of &c, aforesaid, and their successors for the time being, and every of them; as also the inhabitants and parishioners of the said parish, of, &c. which nów are, or hereafter shall be, for the time being, and every of them, of and from all manner of expences, damages, costs and charges whatsoever,which shall or may at any time hereafter arise, happen, grow or be imposed upon them or either or any of them, for or by reason or means‡ of the maintenance, education or bringing up of such male child [But in case only of pregnancy, proceed thus, viz.‡ ***In the state of New-York, the law requires that this bond be made to the overseers of the poor of the town, and does not associate or connect the church wardens or officers of the parish with them at all. of of the said A. B's being great with child, as aforesaid or for or by reason of the birth, maintenance, education, and bringing up of such child or children, that she the said A. B. now goeth with and shall be delivered of] and of and from all other actions,suits,troubles,charges, damages and demands whatsoever, touching or concerning the same; Then, &c. otherwise, &c. Note; When once this security is given to the town either by the reputed father, or the mother of the child, with two other sufficient bondsmen both the aggressors become entirelyfree from the corporal punishment they were before liable to; and of course the authority of the magistrate, in respect to those two offenders in the before mentioned case, from that moment ceases. That part of the condition which regards only the pregnancy of the woman must be upon the voluntary confession of the mother, for she cannot be compelled to submit to an examination till she is delivered, since the child cannot be illegitimate before it is born, there being always a possibility that it may be born in lawful wedlock. Stra. 612. Ld. Raym. 1368. A Condition for payment of an annual Sum to one person during life. THE condition of this obligation is such, That if the above bound A.B. his heirs,executors or administrators,do and shall yearlyand every year, during the life of the above named C. D. well and truly pay or cause to be paid to the said C. D. one annual or yearly sum of, &c. at or upon the first days of January, April, July and October, by even and equal portions; the first payment thereof to begin and be made on the first day of next ensuing the date of the above written bond or obligation: Then, &c. otherwise, &c. A Condition for the payment of money at several days. THE condition of this trainistrators, do and shall well and truly pay, HE condition of this obligation is such, That if the above bound P.Q. : or cause to be paid to the said R.S. his executors, administrators or assigns, the full sum of, &c. of lawful money of in manner following, that is to say, the sum of, &c. part thereof, on or before, &c. next ensuing the date above written the sum of &c. more thereof on or before, &c. then next following; and the further sum of &c. residue and in full payment thereof, on or before, &c. which shall be in the year of our Lord, &c. without fraud or covin: Then this obligation to be void. But if default shall be made of or in payment of any of the said several and respective sums of money above mentioned or any part thereof, on any of the said several and respective days and times above limited for payment of the same; then this obligation to be and remain in full force and virtue. THE A Condition for Payment of Money quarterly. HE condition of this obligation is such, That if the above bound A· B. and C. D. or either of them, their, or either of their heirs, executors or administrators, do and shall well and truly pay, or cause to be paid to the above named E.F. his executors, administrators or assigns, the full sum of, &c. of lawful money of in manner following, that is to say, the sum of twenty |