liability.

for change

BUT So also that the total amt to be recoverable on the sd Provision bond agst eir of them the sd C. & D., or his hrs, exs, or ads limiting shl not exceed £——: [OR in case any change shl at any time Provision take place in the sd firm of A. & Co., by the death or retiremt rm of of the psnt ptners or eir of them, or the admission of any new obligors. ptner or ptners or orwise, then if the sd A. & B., or their respive hrs, exs, or ads shl procure both or all the ptners for the time being in the sd firm, togr with the sd C. & D., or their respive exs or ads, at their own costs & chges to exte & deliver to the sd Bank or their assns [the sd bankg firm or the psons or pson for the time being entled to the benefit of the above-written bond] a bond similar to the above-written bond, & in the like penalty, & with a condon similar to this psnt condon, includg this psnt clause, but with the names of the ptners for the time being in the sd firm of A. & Co. substituted for the names of the sd A. & B., & with such other alterons as the deaths of pties or other changes of circes may require]. THEN, &C.

V.

BOND by an INTENDED HUSBAND for securing a Sum of MONEY to the INTENDED WIFE in case of her SURVIVING him. VARIATIONS where it is to EXERCISE a general TESTAMENTARY POWER of APPOINTMENT in her favour (b). Bond from A., intd husbd, to C. & D., trees, see pp. 204, 205.

Recital of intd marre betn A. & B., [& instrumts creatg power Recitals. of apptmt, if any.] AND WHAS upon the treaty for the sd intd Agreement marre, it was agrd that in conson of such marre, the sd A. to execute shd secure to the sd B. the sum of £ in the event of her

bond.

As to antenuptial

between

husband

(b) It is safer until a decision as to the effect of the Married Women's Property Act, 1882, on an ante-nuptial contract of this nature, appears to give the bond to trustees. As to the effect of such ante-nuptial contracts contracts under the old law, see Fitzgerald v. Fitzgerald, L. R. 2 P. C. 83; and as to post-nuptial contracts, see Butler v. Butler, 14 Q. B. D. 831, 16 Q. B. D. 374. An obligation for payment of money after death constitutes a debt proveable in the bankruptcy of the obligor; Barnett v. King, [1891] 1 Ch. 4.

and wife.

Bank

ruptcy of

obligor.

survivg him, by enterg into the above-written bond with the sd C. & D., as trees for the sd B., with such condon for makg Condition. void the same as is hrunder written: NOW THE CONDON, &c., that if the sd intd marre shl take place within six calr months from the date of the above-written bond, & the sd B. shl survive the sd A., & the exs or ads of the sd A. shl pay [or, the sd A. shl, by his will or any codl thto in exercise of the sd power of apptmt, bequeath or direct to be pd or orwise secure (a)] to the sd B. the sum of £, to be pd to her or her exs or ads within calr months after the dece of the sd A. witht any dedon, & the same shl be duly pd accdly witht any dedon, or if the sd intd marre shl not take place within six calr months from the date of the above-written bond, or if the sd B. shl not survive the sd A., THEN, &c.

Recitals.

for bond.

VI.

BOND from a LESSEE and SURETY for PAYMENT of

RENT, &c.

Jt & sevl bond from A., the lessee, & B., the surety, to C., the lessor, see pp. 204, 205.

Recital of lease from C. to A.: AND WHAS the sd lease was agrd to be grted by the sd C. upon condon that the above Agreement bounden B. shd join as a surety with the sd A., in a bond for the due paymt of the rent reserved by [& pformce of the covts Condition. & condons contd in] the sd lease: NOW THE CONDON, &c., that if the sd A., his exs, ads, or assns, or the sd B., his hrs, exs, or ads shl, durg the continuce of the sd lease, duly pay to the sd C., his hrs [or, if an underlease, exs, ads] or assns, the rent thby reserved upon the respive days thby appted for paymt thof, or within days next after such respive days

As to covenant to exercise a testamentary power of appointment.

(a) A covenant to exercise a testamentary power of appointment in a particular way, or not to exercise it in any other way, is not specifically enforceable, and could only be made the foundation of an action for damages against the representatives of the covenantor; but, if the power is exercised in contravention of the covenant, the appointed fund would be assets for payment of debts, including the debt under the covenant; Re Parkin, [1892] 3 Ch. 510.

[& shl durg the continuce of the sd lease duly observe & pform all & singr the covts & condons thrin contd, & on the pt of the sd A., his exs, ads, & assns, to be observed & pformed]: AND so that, &c., givg time for paymt of rent, &c., not to dischge B., p. 210, mutatis mutandis, THEN, &c.

VII.

BOND by a RENT COLLECTOR or other AGENT to
ACCOUNT (b).

Bond from A. to B., see pp. 204, 205.

Recital of apptmt of A.: NOW THE CONDON, &c., that if the above bounden A., his exs or ads, shl at all times hrafter whenever required by the sd B., his [hrs] exs, ads, or assns, render to him or them a true & full acct of all sums of moy reced, pd, & disbursed by the sd A., as such recer [agent] as afsd, or orwise for or on acct of the sd B., his [hrs] exs, ads, or assns, & shl duly pay to the sd B., his [hrs] exs, ads, or assns, on demand all & every the sum & sums with or for wch the sd A., his exs or ads, shl be chgeable or acctable in respt of such receivership [agency] as afsd, togr with all costs, damages, & expses occasioned by any default on the pt of the sd A. in the pformce of his duties as such recer [agent] as afsd, & shl at any time on demand pduce, transfer, or deliver to the sd B., his [hrs] exs, ads or assns, all secs, books, & papers belongg to him or them wch shl be in the hands or custody of the sd A., his exs or ads, togr with the legal or pper rects or vouchers for the paymts & disbursemts afsd, THEN, &c.

(b) Private bonds of this kind are probably much less common than formerly, owing to the action of the guarantee societies. For cases of actions on such bonds, see Belfast Banking Co. v. Hamilton, 12 L. R. (Ir.) 105, and Guardians of Thornbury v. Greenfield, Law Journal Newspaper, 1887, p. 452; Mayor of Durham v. Fowler, 22 Q. B. D. 394.

Recitals.

Service.

VIII.

BOND with Two Sureties for the FIDELITY of a CLERK or other person in the Employment of a sole TRADER or FIRM (so as to KEEP ALIVE the OBLIGATION notwithstanding any CHANGE in the PERSONS carrying on the business) or a PUBLIC COMPANY; the SURETIES being Liable to a LIMITED AMOUNT. VARIATION where the CLERK is ELECTED ANNUALLY by a Company (a).

Jt & sevl bond from A. (clerk) & B. & C. (sureties), to D. or D. & E., "carrying on business in co-ptnp togr as, &c.," or to "the Co," see p. 205.

WHAS the sd D. [& E.], or, "the sd Co," has [have] agrd to take the above-named A. into his [their] service as clerk, or to act in such other capacity as the sd D. [& E.], or other the pson or psons for the time being carrying on the abovementd business of or," the Board of Dirors of the sd Co," may from time to time require or appt, or as may be from time to time agrd upon with the sd A. [for the period of 1 yr from the day of, upon the sd A. & the sd B.

& C., as sureties for him, enterg into the above-written bond or obligon for the fidelity of the sd A., while in such employmt Security to as afsd: [AND WHAS the sd A. may hrafter be re-elected to or

continue.

continued in such office from time to time for some further period or periods, & it is intd & agrd that this secy shl be & remain in force durg the whole of the time durg wch the sd A. shl be in the service of, or employed by the sd Co in such Condition. capacity or in any other capacity] (b). NOW THE CONDON, &c., that if the sd A. shl at all times hrafter, so long as he shl be in the service or employmt of the sd D. [& E. or eir of them] alone or jtly with any other pson or psons who may from time to time carry on the sd business of in ptnp with him [them or eir of them], or of any other pson or psons

(a) Forms of bonds of this kind are given in some statutes, e.g., in the schedule to the Building Societies Act, 1874. See notes to Precedent IV., ante.

(b) If the office be an annual one, due performance for one year wou d, unless otherwise provided, satisfy the bond; 2 Wms. Saunders, 415 b, note (h).

who may hrafter carry on such business after the death or retiremt of the sd D. [or E.], or, "of the sd Co," as clerk or in any other capacity [whether by virtue of his psnt apptmt to such office or of any reapptmt thto or orwise,] faithfully, honestly, & diligently pform & dischge the sd service & all the duties wch may devolve upon the sd A., as such clerk or orwise as afsd, & shl, whenever required, duly & faithfully acct for & pay or deliver to the sd D. [& E.,] or the pson or psons from time to time carrying on the sd business as afsd, or the exs or ads of him, them, or any of them, or, "to the sd Co," for all moy, goods, & ppty whatsr for or with wch the sd A. may be in anywise acctable or chgeable as such clerk or orwise as afsd: OR, in case the sd A., B., & C., or any of them, their or any of their Ers, exs, or ads shl, when required, make satisfon to the sd D. [& E.,] or the pson or psons from time to time carrying on the sd business as afsd, or the exs or ads of him, them, or any of them, or, "to the sd Co," for all moys, goods, or ppty wch may be lost, misapplied, or unlawfully disposed of by the sd A. while in such service or employmt as afsd, or shl not be duly accted for or pd or delivered as afsd; & shl keep the sd D. [& E., & each of them,] & such pson or psons as afsd, & the exs or ads of him, them, & every of them, or, "the sd Co," indemnified agst all losses, damages, & expses whatsr, by reason or in conseqce of any such act or default of the sd A.: AND so that Giving any forgiveness or forbearce on the pt of the psons or pson from time to time carrying on the sd business, or the exs or liability of ads of any such psons or p:on or any of them, or, "the sd Co," towards the sd A. in respt of his failure or neglect to pform such services & duties, or to make such paymts as afsd, shl not in any way rele or exonerate the sd B. & C., or eir of them, their or eir of their hrs, exs, or ads, in respt of their or his liability under the above-written bond: But so also that each of them, the sd B. & C., or his hrs, exs, or ads, shl not septely or individually be liable to pay a larger sum than £, by virtue of the above-written bond, THEN, &c.

time not to affect

sureties.

Limitation of liability

of sureties.