joint interest. Where one entire injury is done to both tenants in common they shall have one entire remedy, but where the injury is separate they may have several actions". The administratrix of an executor cannot sue for the double value of lands held over after notice to quit, under a demise from the testator, without taking out administration de bonis non, even though the tenant has attorned to her. SECTION VIII. DEBT FOR DOUBLE RENT. over, after liable to double rent. Br 11 Geo. II. c. 19. s. 18, “if any tenant shall give notice of A tenant holding his intention to quit the premises holden by him, at a time mentioned in such notice, and shall not deliver up the posses- having given his sion thereof accordingly at the time in such notice contained, fandlord then such tenant, his executors, or administrators, shall thence- notice to quit, is forward pay to the landlord double the rent which he should otherwise have paid, to be levied, sued for, and recovered at the same times and in the same manner as the single rent could; and such double rent shall continue to be paid during all the time such tenant shall continue in possession." It is observable that this act is distinguishable from 4 Geo. II. c. 28, which subjects the tenant to double the yearly value when the landlord gives him notice to quit, whereas by this act he is subject to double the yearly rent when he himself gives notice. Whether the tenancy be by a lease or a parol demise it is within the above provision. The tenant's notice need not be in writing d But this statute only applies to those cases where the tenant has the power of determining his tenancy by a notice, and a Wilkinson v. Hall, 1 Bing. N. C. 713. 1 Hodges, 170. Per curiam, in Cutting v. Derby, 2 Bl. 1077. 310. Tingrey v. Brown, 1 B. & P. Timmins v. Rowlison, 3 Burr. 1603. This act is penned differently from that of 4 Geo. II. c. 28, and seems to have been designed to lay a less restraint upon the notice to be where he has actually given a valid notice sufficient to determine such tenancy, or the insufficient notice has been assented to by the landlord in writing a. There must be some time fixed in the notice to bring it within the statute; a notice that the tenant will quit as soon as he can get another situation will not enable the landlord to recover double rent though the tenant had got another situation. In an action for double rent on the statute, for holding over after notice, the jury may find for so much as the tenant appears to have overheld, without reference to the sum demanded, so that it be not more than that sum c. Of the 4. Liability of the obligor 740 8. What will discharge a bond. 758 .... 744 1. Of the nature and requisites of a bond.] A BOND is a deed or nature of a instrument under seal whereby one person binds himself to bond. a Johnston v. Huddleston, 7 D. & R. 411. 4 B. & C. 922. Declaration in replevin, avowry for double rent of premises of which plaintiff was tenant from year to year to defendant, and which he held over after the expiration of his own notice to quit. Plea in bar, that the notice was not in writing, and was given less than six months before the day therein mentioned for quitting pos session. Replication, admitting the allegations in the plea, but averring that the demise was by parol, and that defendant recognized, assented to, and adopted the notice. On demurrer to the replication, held, first, that the tenancy was was not determined, the notice to quit being insufficient, and there being no surrender in writing, or by operation of law within the statute of frauds. Second, that the landlord was not entitled to double rent under 11 Geo. II. c. 19. s. 18. And third, that under this avowry, he could not recover the single rent, it not being part and parcel of the double rent avowed for. Id. Farrance v. Elkington, 2 Camp. 591. The landlord has a remedy under this statute by distress as well as by action. Timmins v. Rowlison, Johnston v. Huddleston, supra. But he has no right to distrain for double rent upon a weekly tenant who holds over after notice to quit. Sullivan r. Bishop, 2 C. & P. 359. another to pay a sum of money or to perform or suffer some who thus becomes bound is called the obligor and the party to whom the bond is given is called the obligee. If the bond be merely for the payment of a sum of money, it is called a single bill or bond simplex obligatio; but there is generally a condition Condition. in the nature of a defeazance a annexed to it, the performance of which discharges the obligation; as to pay rent or perform covenants contained in a deed, or repay a principal sum of money borrowed of the obligee, with interest, which principal sum is generally one half of the penal sum specified in the bond. If the condition be performed the bond becomes void, otherwise it becomes forfeited and absolute in law b. bond. No particular form is necessary to constitute a bond; any Form of a words which create an obligation, or which amount to an acknowledgment of a debt, will be sufficient, as “I, (G. S.) do promise to pay to N. U., in December next," &c., or any form of expression to that effect, written or printed on paper, vellum, or parchment, under seal and duly executed, will create a bond or obligation. It is essential, however, that there be an obligor and an obligee, and that there be a sum in which the former is bound . If, however, there be any defect in the statement of the sum or of the parties, the courts will construe it so as to give effect to the intention of the parties, if it can be collected from other parts of the instrument. As, where a person admitted himself to be indebted to another in a certain sum, to be paid at a future day, and bound himself to pay it without mentioning to whom; the court said that it should be intended that he was bound to the person to whom he acknowledged the debt to be due d. So, where the condition of a bond recited that A. was indebted to B. in various sums of money, which * A defeasance is an instrument which defeats the force or operation of some other deed or estate, and that which in the same deed is called a condition, in another deed is a defeasance. Com. Dig. "Defeasance," A. 2 Saund. 47. s. 2 Bl. Com. 340. Co. Litt. 172. a. Hurlst. on Bonds, 1. Com. Dig." Oblig." (A.) Shep. Touch. 56. 368. Loggins v. Titherton, Yelv. 225. Langdon v. Goole, 3 Lev. 21. Lambert v. Braithwaite, 2 Stra. 945. Lloyd v. Lord Say & Sele, 10 Mod. 46. Cholmondley v. Chislow, 2 Jac. & W. 1. Parties to a bond. were all stated in pounds sterling, and the obligatory part merely stated that the obligor became bound in 7700, without stating any description of money; it was held, that from the condition the intention manifestly was that the obligor should become bound in 7700 pounds, and that the word pounds might therefore be supplied a. With regard to the parties to this instrument, no person who is under a legal disability to contract or to enter into a covenant can become an obligor b. But a feme covert, an infant, idiot, Requisites. or lunatic may be an obligee. The requisites essential to the execution of a covenant (which have been allready noticed) d, are in general applicable to that of a bond. If a bond be executed in a foreign country, where no seal is required, it may be enforced in this country on proof of the formalities Delivery. requisite in such country being complied with . A bond, like any other deed, takes effect from the delivery; it is, therefore, no objection to its validity that it be not dated, or that it bear a false or impossible date. A delivery, however, may be to a third party, to hold pursuant to an agreement entered into at the time of the execution, until certain conditions be performed on the part of the obligee, in which case it is called an escrow, that is, a scrawl or writing, which is not to take effect until the conditions be performed; if, however, the instrument be delivered to the obligee himself, it will take effect immediately though the conditions may not have been performed. When an escrow. A bond executed with the usual formalities, may operate as a deed in præsenti, although at the time of such execution it was expressly agreed that it should not take effect until a certain event had happened, and the intention of the parties at the time of execution, is a question of fact for a jury on the whole evidence 5. 2. Of the stamp.] A bond must not only be duly executed, but it must be properly stamped; for otherwise it will not be admissible in evidence for any purpose beneficial to the party producing it, and consequently it cannot be enforced a. The stamp duties are at present regulated by the 55 Geo. III. c. 184., which contains the following scale for bonds : Bond in England, and personal bond in Scotland, given as a security for the payment of any definite and certain sum of money. £ £ s. d. Bond given as a security for the payment or repayment of any sum or sums of money to be thereafter lent, advanced, or paid, or which may become due on an account current, together with any sum already advanced, or due, or without, as the case may be, where the total amount of the money secured, or to be ultimately recoverable thereupon, shall be uncertain and without any limit........................ Bond not otherwise charged, nor exempted from all stamp duty ....... ..... Where any such bond, together with any schedule, receipt, or other matter put or indorsed thereon, or annexed thereto, shall contain 2160 words or upwards, there shall be charged for 23 Geo. III. c. 49. s. 14, continued by the 55 Geo. III. c. 184. £25 0 0 1 15 0 s. 8. Whitwell r. Dimsdale, Peake, 167. 2 Stark. Ev. 771. |