manded, or any part thereof, to the said A. B. but to pay the same to 2. ON BONDS him hath hitherto wholly refused, and still doth refuse. To the damage of the said A. B. of L.— (g), and therefore he brings his suit, &c. Pledges, &c. STATING CONDITION. [Set out the bond and condition as directed in the last precedent, 10. On an and then proceed as follows:-] Nevertheless the said A. B. in fact annuity bond. saith, that after the making of the said writing obligatory (h), to wit, on, &c. at, &c. aforesaid, a large sum of money, to wit, the sum of L.-, of the said annuity, or yearly sum of L.-, for one quarter of a year then elapsed, became and was due and owing from the said C. D. to the said A. B. and still is in arrear and unpaid, contrary to the form and effect of the said writing obligatory, and of the said condition thereof, by reason of which said breach the said writing obligatory became forfeited, and whereby an action hath accrued to the said A. B. to demand and have of and from the said C. D. the sum of L.-(the penalty), above demanded. Yet the said C. D. (although often requested so to do) hath not as yet paid the said sum of L.-, above demanded, or any part thereof, to the said A. B. but to pay the same, or any part thereof, hath hitherto wholly neglected and refused, and still neglects and refuses so to do, to wit, at, &c. aforesaid. To the damage of the said A. B. of L.— (i), and therefore he brings his suit, &c. 11. On a bond to replace stock and pay [Set out the bond and condition as directed ante, 198, and then proceed as follows:]-Yet the said A. B. in fact saith, that the said C. D hath not, at his own proper costs and charges, transferred, or caused dividends." or procured to be transferred, unto or to the account of him the said A. B. in the books of the said governor and company of the *Bank of [201] England, the said sum of L. —, share or interest in the said joint stock of L. per cent. consolidated bank annuities, but hath hithcrto wholly neglected and refused so to do, and the same sum of L. share or interest in the said joint stock, wholly remains untransferred and unpaid and unsatisfied to the said A. B. to wit, at, &c. aforesaid. And for assigning a further breach of the said condition of Second the said writing obligatory, the said A. B., according to the form of the statute in such case made and provided, saith that the said C. D. hath not as yet answered, paid, or made good to the said A. B. all breach. sion, see 2 Saund. 187. c. [If the declaration conclude by demanding damages as in covenant, it will be good on general demurrer; nor would such conclusion, it seems, be a cause for special demurrer. 12 Johns. Rep. 216. 13 Johns. Rep 189.] (g) The sum here inserted is merely nominal to cover damages for the de tention of the debt, see 1 Saund. 58. b. (h) If the annuity be payable during STATING CONDITION. SO 2. ON BONDS dividends, interest, and produce which he the said A. B. could have received, and would have been entitled to, in case the said L.remaining untransferred and unpaid and unsatisfied as aforesaid, had remained and continued standing in the books of the said governor and company of the Bank of England, in the names and as the property of him the said A. B., but on the contrary thereof, although he the said A. B. after the making of the said writing obligatory, to wit, on, &c. at, &c. aforesaid, could have received, and would have been entitled unto certain dividends, interest, and produce to a large amount, to wit, the sum of L., in case the said sum of L.had remained and continued standing in the books of the said governor and company of the Bank of England, in the name and as the property of him the said A. B. as aforesaid, whereof the said C. D. afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, had notice. Yet the said A. B. in fact saith, that the said C. D. hath not (although often requested so to do) as yet transferred, paid, or made good unto the said A. B. the said last-mentioned sum of money, or any part thereof, but hath hitherto wholly neglected and refused so to do, and still neglects and refuses so to do, to wit, at, &c. aforesaid. By reason of which said breach the said writing obligatory became forfeited, and thereby an action hath accrued to the said A. B. to demand and have of and from the said C. D. the said sum of L.-, above demanded. Yet the said C. D. hath not, although often requested so to do, as yet paid the said sum of L.above demanded, or any part thereof, to the said A. B. but hath hitherto wholly neglected and refused, and still neglects and refuses to pay the same or any part thereof to the said A. B. To the damage of the said A. B. of L.- > (k) and therefore he brings his suit, &c. L202] 12. On a bond to perform covenants in [Proceed as in the precedents in K. B. and C. P. or Exchequer, ante, 195, 6, to the † in each, and then as follows:]—And the said A. another inden. B. according to the form of the statute in that case made and provided, ture (1). says that the said writing obligatory was made with a condition thereunder written, that if (m) the above bounden C. D. did well and truly observe, &c. all and singular the covenants, &c. whatsoever, which on the part of the said C. D. were or ought to be observed, &c. in a certain indenture bearing even date with the said writing obligatory, and made between the said A. B. of the one part, and the said C. D. of the other part, according to the true intent and meaning of the said indenture, then the said obligation was to be void, &c. And the said A. B. further says, that by the said indenture, in the condition of the said writing obligatory mentioned, which he the said A. B. now brings here into court, he did demise unto the said C. D. all that, &c. [Here (*) Ante, 200. note g. (7) See the precedent in 1 Saund. Rep. 58. b. (m) Set out the condition verbatim. STATING CONDITION. set out the demise, and such of the covenants as have been broken, and 2. ON BONDS assign breaches of them, as in a declaration in covenant, post. and conclude thus:]-by reason of which said breaches the said writing obligatory became forfeited, and thereby an action hath accrued to the said A. B. to demand and have of and from the said C. D. the said sum of L. (the penalty), above demanded. Yet the said C. D. (although often requested so to do) hath not as yet paid the said sum of L.—, above demanded, or any part thereof, to the said A. B. but hath hitherto wholly neglected and refused, and still neglects and refuses so to do. To the damage of the said A. B. of L—, (n), and therefore he brings his suit, &c. ་ Pledges, &c. *III. ON BONDS RELATING TO THE CHARACTER IN WHICH THE PLAINTIFF SUES, OR THE DEFENDANT IS SUED. The following forms will suffice to shew the mode in which declarations on bonds, by and against persons suing and being sued in a particular character, are to be framed. The forms in assumpsit, by and against particular persons, ante, 84 to 109, may readily be applied to declarations on bonds. BY & AGAINST &c. , to wit, A. B. and E. F. his wife, complain of C. D. being 13. By baron and feme, on in the custody of the marshal of the Marshalsea of our lord the now bond given to king, before the king himself, of plea that he render to them the feme before sum of L.————, which he owes to and unjustly detains from them. coverture. For that whereas the said C. D. heretofore, and whilst the said E. F. was sole and unmarried, to wit, on, &c. at, &c. by his certain writing obligatory, sealed with his seal, and now shewn to the court of our said lord the king, before the king himself here, the date whereof is the day and year aforesaid, acknowledged himself to be held and firmly bound to the said E. F. in the said sum of L.- above demanded, to be paid to the said E. F. Yet the said C. D. (although often requested so to do) hath not as yet paid the said sum of L.—————, above demanded, or any part thereof, to the said E. F. whilst she was sole and unmarried, or to the said A. B. and E. F. his wife, or either of them, since their intermarriage; but he so to do hath hitherto wholly neglected and refused, and still doth neglect and refuse to pay the same, or any part thereof, to the said A. B. and E. F. his wife. To the damage of the said A. B. and E. F. his wife of L.10, and therefore they bring their suit, &c. Pledges, &c. (n) These damages are merely nominal. Ante, 200, n. g. VOL, II. U BY AGAINST EXECUTORS, &c. 14. By a surviving obligee against obli gor, in K. B. (0). For that whereas the said C. D. heretofore, and in the life-time of one E. F. since deceased, to wit, on, &c. at, &c. by his certain writing obligatory, sealed with his seal, and now shewn to the court of our said lord the king, before the king himself here, the date whereof is the day and year aforesaid, acknowledged himself to be held and firmly bound --, above to the said A. B. and to the said E. F. in the said sum of L. [* 204] demanded, to be paid to the said A. B. and E. F. Yet the said C. D. (although often requested so to do) hath not as yet paid the said sum of L.——————, above demanded, or any part thereof, to the said A. B. and E. F. or either of them, in the lifetime of the said E. F. or to the said A. B. since the death of the said E. F. But he to do this hath hitherto wholly neglected and refused, and still neglects and refuses to pay the same, or any part thereof, to the said A. B. to the damage of the said A. B. of L.10; and therefore he brings his suit, &c. 15. By the assignees of a bankrupt's obligee against obli gor. [⚫ 205] 16. Executor of obligee against obliger (p). Pledges, &c. -, (to wit.) A. and B. assignees of the estate and effects of E. F. a bankrupt, according to the force, form, and effect of the several statutes concerning bankrupts, complain of C. D. being in the custody of the marshal of the Marshalsea of our lord the now king, before the king himself, of a plea that he render to the said A. and B. as assignces as aforesaid, the sum of L., which they owe to and unjustly detain from them as assignees as aforesaid. For that whereas the said C. D. heretofore, and before the said E. F. became bankrupt, to wit, on, &c. at, &c. by his certain writing obligatory, sealed with the scal of the said C. D. and now shewn to the court of our said lord the king, before the king himself here, the date whereof is the day and year aforesaid, acknowledged himself to be held and firmly bound to the said E. F. in the said sum of L., above demanded, to be paid to the said E. F. Yet the said C. D. although often requested so to do, hath not as yet paid the said sum of L.- -, above demanded, or any part thereof, to the said E. F. before he became bankrupt, or to the said A. and B. assignees as aforesaid, since the bankruptcy of the said E. F. But to pay the same, or any part thereof, to the said E. F. before he became bankrupt, or to the said A. and B. assignees as aforesaid, since the bankruptcy of the said E. F. he the said C. D. hath *wholly neglected and refused, and still doth neglect and refuse to pay the same to the said A. and B. assignees as aforesaid, to the damage of the said A. and B. as assignees as aforesaid of L.10, and therefore they bring their suit, &c. Pledges, &c. -, (to wit.) A. B. executor of the last will and testament of E. F. deceased, complains of C. D. being in the custody of the marshal of the Marshalsea of our lord the now king, before the king himself, (o) 2 Rich. C. P. 452. (p) See a form against executors in C. P. 2 Saund. 216, EXECUTORS, &c. of a plea that he render to him the sum of L.- -, of lawful money of BY &AGAINST Great Britain, which he the said C. D. unjustly detains (7) from him. For that whereas the said C. D. on, &c. at, &c. by his certain writing obligatory, sealed with his seal, and now shewn to the court of our said lord the king, before the king himself here, the date whereof is the same day and year aforesaid, acknowledged himself to be held and firmly bound to the said E. F. in his lifetime, in the said sum of L.-, above demanded, to be paid to the said E. F. or his certain attorney, executors, administrators, or assigns, when he the said C. D. should be thereunto afterwards requested. Yet the said C. D. (although often Breach. requested so to do) hath not as yet paid the said sum of L., above demanded, or any part thereof, to the said E. F. in his lifetime, or to the said A. B. executor as aforesaid, since the death of the said E. F. but to pay the same, or any part thereof, to the said E. F. in his lifetime, or to the said A. B. executor as aforesaid, since the death of the said E. F. the said C. D. hath hitherto wholly refused and still doth refuse to pay the same, or any part thereof, to the said A. B. executor as aforesaid. To the damage of the said A. B. as executor as aforesaid, of L.————, and therefore he brings his suit, &c. And the said A. Profert. B. brings into court here the letters testamentary of the said E. F. deceased, whereby it fully appears to the said court here, that the said A. B. is executor of the last will and testament of the said E. F. deceased, and hath the execution thereof, &c. Pledges, &c. ministrator in K. B. [⚫ 206 ] -, (to wit.) A. B. administrator of all and singular the goods, 17. By an adchattels, and credits, which were of E. F. deceased, at the time of his death, who died intestate, complains of C. D. being, &c. of a plea that he render to the said A. B. L.—, which he unjustly detains from him. For that whereas, &c. [State the making of the bond, c. as in the last precedent, and conclude as follows:]-Nevertheless the said Breach. C. D. (although often requested so to do) hath not as yet paid the said sum of L., above demanded, or any part thereof, to the said E. F. in his lifetime, or to the said A. B. since the decease of the said E. F. (to which said A. B. after the death of the said E. F. to wit, on, &c. Grant of letat, &c. aforesaid, administration of all and singular the goods, chattels ters of admi nistration (r). and credits, which were of the said E. F. deceased, at the time of his death, who died intestate, by Charles, by Divine Providence Archbishop of Canterbury, Primate of all England and Metropolitan in due form of law, was granted,) but he so to do, hath hitherto wholly refused, and still refuses to pay the same, or any part thereof, to the said A. B. administrator as aforesaid. To the damage of the said A. B. as administrator as aforesaid, of L.-, and therefore he brings his suit, &c. And the said A. B. brings into court here the letters of adminis- Profert. (q) As to the debet et detinet, see ante, 184. n. f. (r) As to the statement of the grant of the letters of administration, ante, 104. |