Page images
PDF
EPUB

that if the above bounden 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 G. H. of &c. and I. K. of &c. 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 C. D. or of such person as shall be named and agreed upon by the said G. H. and I. K. as umpire, in case they cannot agree to arbitrate, award, order, judge, and determine of and concerning the right of way or passage so claimed by the said C. D. so as the award of the said arbitrators be made and set down in writing, indented under their hands and seals, ready to be delivered to the said parties in difference, or such of them as shall require the same, on or before the

day of now next ensuing the date hereof; THEN the above written obligation to be void, or else to be and remain in full force and virtue AND it is hereby agreed by and between the said parties, that these presents and the submission hereby made of the said matters in contro. versy, shall be made a rule of his Majesty's court of King's Bench (if the said court shall so please), to the end the said parties in difference may be finally concluded by the said arbitration pursuant to the statute in that case made and provided.

BOND for performance of Conditions of Sale; to be entered into by the Purchaser and two Sureties.

KNOW ALL MEN by these presents, that we A. B. (the purchaser) C. D. (one of the sureties) and E. F. (the other surety) are held and firmly bound to G. II. (the vendor) in the sum of £

&c.

[blocks in formation]

mentioned in the printed particular of sale

; AND WHEREAS the

thereof, at the price of said A. B. has paid the sum of £ as a deposit for the said lot and in part of the purchase money; AND WHEREAS the following are, amongst others, the conditions of sale under which the same was sold [here recite all the conditions except the first and second, which merely specifying “the highest bidder to be the purchaser, &c." and "that no person shall advance less than, &c." you have no occasion to introduce] AND WHEREAS the above bounden A. B. C. D. and E. F. have agreed to enter into the above-written obligation for the due performance of the said conditions of sale; NOW THEREFORE THE CONDITION of the abovewritten obligation is such, that if the above bounden A. B. C. D. and E. F. or either of them, their, or either of their heirs, executors, or administrators, shall and do well and truly pay or cause to be paid unto the said G. H. his executors, administrators, or assigns, the sum of £ of lawful money aforesaid (being the amount of the said purchase money after deducting such deposit so paid as aforesaid) at the times and in the proportions mentioned

in the aforesaid conditions of sale; and also shall and do well and truly observe, perform, fulfil, and keep all and singular the said conditions on the part of the said A. B. to be observed, performed, fulfilled, and kept; THEN the above-written obligation to be void, otherwise to remain in full force and virtue.

Note. This bond is deemed a money bond as well as a bond of indemnity; the stamp will therefore be regulated by the amount of the purchase money, after deducting the de posit; the penalty must, of course, be double. These bonds cannot well be prepared till after the sale, as it is impossible to foresee how many lots may be taken by one purchaser, or, if he takes but one lot, what the amount of the purchase money for that lot may be, and, consequently, what kind of stamp to fill up. It will also, perhaps, be found that some of the small purchasers will prefer paying the whole of their purchase money to being at the expense of a bond, or even the amount of the stamp, should that only be required. The author has found this in the course of practice. It is not very usual to take such bonds as these, but in particular cases, such as where timber or other property is sold by virtue of an act of parliament, it is almost indispensibly necessary, as the trust tees appointed by such acts are usually tied down to pay the monies, which shall be produced by the sale, into the court of Chancery, by a limited time, which they might not be able to do unless great care was taken to enforce a completion of the purchases,

BOND to replace stock, and pay an annual sum equal to the dividends in the mean time.

KNOW ALL MEN, &c.

WHEREAS the above-named C. D. hath, on or before the day of the date of the above-written obligation, lent unto the above-bounden A. B. and accordingly transferred to him or to some other person or persons by his order and direction, £- stock in the £3 per cent. consolidated bank annuities, which he hath agreed to replace and to pay interest for in the mean time. Now THEREFORE THE CONDITION of the above-written obligation is such, that if the above-bounden A. B. his heirs, executors, or administrators, do and shall, within one year from the day of the date of the above-written obligation,* transfer and replace, or cause to be transferred and replaced into the name or names of the said C. D. his executors, administrators, or assigns, the sum of £ capital stock in the £3 per cent. consolidated annuities, in the books kept at the Bank of England for the transfer of such stock. AND do and shall in the mean time, and until such stock shall be so transferred and replaced as aforesaid, pay unto the said C. D. his executors, administrators, or assigns, the sum of £ - per annum (being the same sum as the dividends of the said stock amounted to previous to the transfer and loan thereof as aforesaid) by equal half-yearly payments, on the day of

and the

day of

+ without any

* Or "when there to required by the said C. D. his executors, administrators, or assigns," according to the agreement between the parties.

+ The words "in every year," should here inserted, where

deduction whatsoever; THEN the above-written obligation to be void, otherwise to be and remain in full force and virtue.

BOND to Indemnify against a Covenant previously entered into by the present Obligees to one of the Obligors, to produce Deeds, they not having been bound to enter into such Covenant.

KNOW ALL MEN by these presents, that we A. B. of &q. C. D. of &c. and E. F. of &c. are held and firmly bound to G. H. of &c. and I. K. of &c. in the penal sum of &c.

WHEREAS by indenture bearing date the

day of

now last, and made between the said G. H. and I. K. of the one part, and the said A. B. of the other part, Reciting that the said G. H. was tenant for the term of his life with remainder to his issue, with remainder to the said I. K. and his issue, of certain messuages, farms, and lands in the parish of and elsewhere in the county of — and that some of the deeds relating to the same also concerned certain messuages, lands, and hereditaments -belonging to the said A, B.; AND that the said A. B. could not properly make out his title to his estate unless he could obtain a covenant from the said G. H. and I.K. to produce the said deeds mentioned and set forth in the schedule thereunder written; AND that the said G. H. and I. K. being desirous of assisting the said A. B. had agreed to

no time is fixed for the re-transfer or re-investment of the stock. See last note.

« EelmineJätka »