al palaeography an exact science. He was made
LL.D. of Cambridge in 1879, created C.B. in 1885, and K.C.B. the day
before his death on the 2nd of January 1898. He was the editor of four
volumes of facsimiles of Anglo-Saxon charters from 679 to the Conquest,
_The Speeches in the Trial of Warren Hastings_ (1859-1861), and a number
of other interesting historic documents.
BOND,[1] in English law, an obligation by deed. Its design is to secure
that the obligor, i.e. the person giving the bond, will either pay a
sum of money, or do or refrain from doing some act; and for this purpose
the obligor binds himself in a penalty to the obligee, with a condition
added that, if the obligor pays the sum secured--which is usually half
the penalty--or does or refrains from doing the specified act, the bond
shall be void: otherwise it shall remain in full force. This condition
is known as the defeasance because it defeats or undoes the bond. The
form of a common money bond runs as follows:--
Know All Men by these presents that I, A.B. (name, address and
description of obligor), am bound to C.D. (name, address and
description of obligee) in the sum of L[2000] to be paid to the said
(obligee), his executors, administrators or assigns or to his or their
attorney or attorneys, for which payment I bind myself by these
presents. Sealed with my seal. Dated this day of 19 .
The condition of the above-written bond is such that if the above
A.B., his heirs, executors or administrators, shall on the day
of pay to the above-named C.D., his heirs, executors, administrators
or assigns the sum of L[1000], with interest for the same from the
date of the above-written bond at the rate of per cent per
annum without any deduction, then the above-written bond shall be
void: otherwise the bond shall remain in full force.
Signed, sealed and delivered
by the above-named A.B.
in the presence of (witness)
Recitals are frequently added to explain the circumstances under which
the bond is given.
If the condition is not performed, i.e. if the obligor does not pay the
money by the day stipulated, or do or refrain from doing the act
provided for, the bond becomes forfeit or absolute at law, and charges
the obligor and his estate (see Conveyancing Act 1881, s. 59). In old
days, when a bond was forfeit, the whole penalty was recoverable at law
and payment _post diem_ could not be pleaded to an a
|