BON 



Eoaairg, 

 Bond. 



has numerous shallows. The other, which is called 

 the Portuguese Bay, though less commodious for de- 

 barkation, has the advantage of being near the town, 

 and has nothing injurious to shipping but its banks. 



The productions of Bonavista are, salt, indigo, 

 and cotton. Those who come here for salt receive 

 it from the mines, and carry it a little distance to a 

 proper place "for drying it. The inhabitants then 

 convey it to the ship by means of asses, which tra- 

 vel in troops of 15 each, every troop being under the 

 i harge of a negro. 



The indigo, which grows without cultivation, is 

 gathered by the inhabitants ; but they have not the 

 art of separating the dye, and of making what in the 

 West Indies is called blue stone. They satisfy them- 

 selves with bruising the green leaves in a wooden 

 mortar. They next form it into a kind of paste, 

 of which they make round balls, that are dried for 

 use. 



Though the cotton tree grows naturally on the 

 island, yet its culture is greatly neglected by the na- 

 tives. They never think of collecting it till some 

 vessel arrives to purchase it. Roberts maintains, that 

 the island could furnish annually the cargo of a large 

 vessel ; and he informs us, that in some years, when 

 it has failed in the other islands, it has been produced 

 in great abundance in Bonavista. 



The surface of the island is low towards the sea, 

 but hilly in the interior, particularly towards the 

 north-east, where there is a hill, probably volcanic, 

 from its resembling a truncated cone. There is still 

 a higher hill in the south-west. The soil is sandy 

 and uncultivated, and the inhabitants live on fish, 

 goats, turtle, and milk. W. Long. 22 47', N. Lat. 

 16 6'. (q) 



BOND, in Law, is a deed, or written obligation, 

 whereby a person binds himself, his heirs, executors, 

 and administrators, to pay a certain sum of money, or 

 perform some other act, in favour of another, against 

 a day appointed. A bond in this simple form is call- 

 ed a single one (simplex obligalio); but, in general, 

 a condition is added, that, if the obligor does some 

 particular act, the obligation shall be void, or, other- 

 wise, it shall remain in full force. If the condition 

 is not performed, the bond becomes forfeited, or ab- 

 solute at law, and charges the obligor while living ; 

 and after his death, the obligation descends upon his 

 heir, who (on defect of personal assets) is bound 

 to discharge it, provided he has real assets by de- 

 scent. 



Executors and administrators are bound, although 

 the words, " heirs, executors, and administrators," 

 should be omitted in the bond ; but heirs are not 

 bound, unless they be expressly named. And if a 

 bond be taken to a man, his heirs and successors, the 

 executors and administrators shall have the advantage 

 of it, and not the heir or successor, the bond being 

 in the nature of a chattel. 



The condition of a bond must be such as is possible, 

 and laxvful ; and if the matter or thing to be done be 

 impossible, or contrary to some rule of law that is mere- 

 ly positive, or the condition itself be repugnant, in- 

 setisible, or uncertain, it becomes void, and the obli- 

 gation stands single and unconditional. If the con- 

 dition be possible at the time of entering into the 



GJi BON 



bdnd, but afterwards becomes impossible, by the 

 act of God, the act of the law, or the act of the 

 obligee himself, it is void, and the penalty of the 

 obligation is saved : as if a man be bound to appear 

 next term, and dies before the period arrives. It the 

 condition be to perform any criminal act, or to do 

 any thing that is malum in se, as to kill a person, &c. 

 the obligation itself is void. So also are bonds made 

 by duress, by infants, by feme coverts, &c. If a 

 bond be made by a feme covert, she may plead her 

 coverture, and conclude non est factum, &c. her 

 bond being void. But if an infant seal a bond, and 

 be sued thereon, he is not to plead Non est factum, 

 but must avoid the deed by special pleading ; for his 

 bond is only voidable, and not in itself void. 



If no time be limited in a bond for payment of the 

 money, it is held to be due presently, and payable 

 on demand. The judges, however, have sometimes 

 appointed a convenient time for payment, having re- 

 gard to the distance of place, and the time necessary 

 for performance. Where no place is specified for 

 performing a condition, the obligor must find out 

 the person of the obligee, if in England, and tender 

 the money, otherwise the bond is forfeited : But 

 when a place is appointed, he is not obliged to seek 

 any further. And where no place is specified for 

 payment of money due on a bond, if the obligor, at 

 or after the day of payment, tenders the money, and 

 the obligee refuses it, the obligor shall be excused ; 

 but if he be afterwards sued, he must plead, that he 

 is still ready to pay it, and tender the money in court. 

 If a bond be of 20 years standing, and no demand be 

 proved thereon, nor any good cause of so long for- 

 bearance shewn tq the court, upon pleading Solvit 

 ad diem, it shall be intended paid. 



When several persons are bound severally in a 

 bond, the obligee may sue all of the obligors, either 

 together or apart ; and, in the latter case, he may 

 have several judgments and executions : But if he 

 obtain full satisfaction from one, that shall discharge 

 the rest. When persons are bound jointly, and not 

 severally, all the obligors must be sued ; and if only 

 one be prosecuted, he is not obliged to answer, unless 

 the rest be sued likewise. 



When a bond was forfeited, or become single, the 

 whole penalty was formerly recoverable at law : But, 

 in consequence of the interposition of the courts of 

 equity, a man was not permitted to take more than 

 in conscience he ought ) that is, his principal, inte- 

 rest, and expenses, if tiie forfeiture accrued by non- 

 payment of money borrowed ; the damages sustained, 

 upon non-performance of covenants, &c. And it is 

 enacted by the statute 4 and 5 Ann. c. 16. that, in 

 the case of a bond conditioned for the payment of 

 money, the payment or tender of the principal sum 

 due, with interest and costs, shall be a full satisfac- 

 tion and discharge, even although the bond be for- 

 feited, and a suit commenced. See Blackst. Com- 

 ment, b. ii. c. 20. Jacob's Lata Diet. 



Bonds, according to the law of Scotland, are ei- 

 ther heritable or moveable. The taking of interest 

 being prohibited by the canon law, those persons 

 who wished to make profit of their money, by put- 

 ing it out to interest, were, before the Reformation, 

 obliged to purchase rights on land constituted by 



Bond. 



