BON 



avoided for diirefs of impiifonmcnt. Co. Litt. 25 5- 2 Iiif^- 

 4S2. The bond of a feme covert is tpfo facio void, and (hall 

 bind neitlier her nor her hufband. The bond of an infant, 

 even for ncceflaries, with a penalty for payment, is void. 

 But if an infant, feme covert, &c. enter with a llraiiger, who 

 is not fubjetl to their difabilities, into an obligation, the 

 ftranger fhall bo bound by it. However, infants, idiots, 

 feme coverts, and aliens, may be obligees. Sole corpora- 

 tions, fuch as birtiops, prebends, parfons, vicars, &c. can- 

 not be obligees ; but a corporation aggregate may take any 

 cliattel, asijoiuls, Icafes, &c. in its political capacity, which 

 lliall pafs in iucccfllon, becaufe it is aUvays in being. Cro. 

 r.llz. 4^^. Dyer. 48 fl. Co. Litt. 9 a. 46 a. Hob. 64. 



1 Rot. Abr. 515. If a drunken man gives his bond, it 

 bii'.ds him ; and a bond without confideration is obligatory, 

 and no relief (liall be had againll it, for it is voluntary, and 

 as a gift. Jeiik. Cent. 109. But on the general iffue, the 

 defendant may give in evidence that they made him lign the 

 bond when he was fo drunk that he knew not what he did ; 

 and thougli a voluntary bond cannot be reheved againll in 

 equity, it may not be paid in a courfe of adminillration, fo 

 as to take place of real debts, even by fimple contraft ; yet 

 it fliall be paid before legacies. I Chan. Caf. If;;. An 

 heir is not bound, unlefs he be exprefsly named in the bond, 

 though the extcntors and adminillrators arc. Dyer 15. 

 Two or more pcrfons may bind themfelves jointly in an ob- 

 ligation, or they may bind themfelves jointly and feverally ; 

 in whicli lad cafe, tlie obligee may free them jointly, or he 

 may free any one of them at his eleftion ; but if they are 

 jointly and not feparately bound, they muil be freed jointly ; 

 and in fuch cafe, if one of them dies, his executor is totally 

 difcharged, and the furvivor or furvivors only chargeable. 



2 llol. Abr. 148. Dyer. 19. 310. 5 Co. 19. 1 Salk. 

 39 J. I Lutw. 696. 



With regard to difcharge of bonds, if a leffer fum be paid 

 before it is due, and the payment is accepted, it fliall be 

 good in fatisfaftion of a greater fum ; but after the money 

 is due, a Itfier fum, though accepted, fhall not be a fatis- 

 faflion for a greater fum. Moor. 677. 3 Bulfl. 301. 

 I Lutw. 464. It has been adjudged, that the acceptance of 

 one bond cannot be pleaded in fatisfaftion of another bond. 

 Cro. Car. 85. Moore, 872. Cro. Eliz. 716. 727. 2 Cro. 

 579. A bond, on which neither principal nor intereft has 

 been demanded for 20 years, will be prefumed in equity to 

 tc fatisfied, and be decreed to be cancelled ; and a perpetual 

 injunftion granted to flay proceedings thereon. i Ch. 

 Rep. 79. Finch. Rep. 78. Satisfaftion, moreover, may 

 be prefumed within a lefs period, if any evidence can be ad- 

 duced in aid of the prefumption, fuch as the fettlement of 

 an account in the intermediate time, without any demand. 

 Yet length of time is no legal bar ; and is only a ground for 

 the jury to prefume fatisfaftion. i Term. Rep. 270. As 

 to the pleading of performance of a condition, the defendant 

 mull fet forth in what manner he has performed it. By 

 flat. 8 and 9 Will. HI. c. 11. ^8. in aftions on bonds for 

 performance of covenants, the plaintiff may affign as many 

 breaches as he pleafes, and the juiy may aifefs damages. In 

 debt on a bond, the defendant may have feveral pleas in 

 bar. I Salk. iSo. But a defendant in an aftion on a bond 

 cannot plead, " Non eit faclum," and a tender as to part. 

 ^ Term Rep. 97. In debt on an obligation the defen- 

 dant cannot plead, " Nil debet," but mud deny the deed 

 by pleading " Non ell fatlum ;" for the feal of the party 

 continuing, it mult bediffolved, " Eo ligamine quo ligatur." 

 Hard. 332. Hob. 218. In bonds to fave harmlefs, the 

 defendant being profecuted, is to plead " Non damnifi- 

 catus, &c." The Healing of any bond, bill, &c. for money, 



BON 



being the property of any one, is made felony, as if offend- 

 ers had taken other goods of like value. Stat. 2 Geo. II. 



-J' 



Form of a bond or obligation, with condition for the 

 payment of money. " Know all men by thefe prefents, 

 that I David Edwards, of Lincoln's Inn, in the county of 

 Middlefex, efquire, am held and iirmly bound to Abraham 

 Barker, of Dale-hall, in the county of Norfolk, efquire, in 

 ten thoufand pounds of lawful money of Great Britain, to be 

 paid to the faid Abraham Barker, or his certain attorney, 

 executors, adminiflrators, or afligns ; for which payment 

 well and truly to be made, I bind myfelf, my heirs, execu- 

 tors, and adminiflrators, firmly by thefe prefents, fealed 

 with my feal. Dated the fourth day of September, in the 

 twenty-firll year of the reign of our fovereign lord George 

 the third, by the grace of God king of Great Britain, 

 France, and Ireland, defender of the faith, and fo forth, 

 and in the year of our Lord one thoufand feven hundred 

 and ." 



The condition of this obligation is fuch, that if the above 

 bounden David Edwards, his heirs, executors, or adminif- 

 trators, do and Ihall, well and truly pay, or caufe to be 

 paid, unto the above named Abraham Barker, his execu- 

 tors, adminillrators, or afligns, the full fum of five thoufand 

 pounds of lawful money of Great Britain, with lawful in- 

 tercfl for the fame, on the fourth day of March next enfuing 

 the date of the above written obligation, then this obliga- 

 tion fhall be void and of none effedt, or clfe fhall be and re- 

 main in full force and virtue. 



David Edwards, (Z,. .S.) 

 Sealed and delivered, being firft duly 



ilamped, in the prefence of 



George Carter, 

 William Browne. 

 Blackilone's Com. ii. 340. Jacob's Law Dift. by Tom* 

 lins, vol. i. tit. Bond. 



Bond oi Arbhration. See Arbitration. 



Bond, AJfignmentQl. See Assignment. 



Bond, bad. See Bail. 



Bond, counter. See CouNTER-ioni/. 



Bond oi rejignatirm. See Resignation. 



'Siotin-tenaitts, are the fame, in refpeft to the nature of 

 their tenure, with copy-holders, and cuftomary-tenants. 

 Blackftone's Com. vol. ii. p. 148. 



Bond, in Mafonry and Brick-laying, is when bricks or 

 flones are, as it were, knit and interwoven ; and when they 

 fay, make good bond, they mean that the joints are not 

 made over, or upon other joints ; but reach at leaft fix inches, 

 both within the wall and on the furface, as the art of build* 

 ing requires. 



BONDAGE property denotes a ftate of fervitude or 

 flavery. 



Bondage, hondag'ium, in Englijb Law Writers, the fame 



with VILLENAGE. 



Tenants in bondage paid hcriots, and did fealty ; they 

 were not to fell trees in their own garden, without licence 

 of the lord. 



The widow of a tenant in bondage held her hufband's 

 eflate, quamdiu ■v'txerit fine mar'ito. 



Bondage, hy the forelock, or bondagium per anterlores crines 

 capitis, was when a freeman renounced his liberty, and be- 

 came flave to fome great man ; which was done by the cere- 

 mony of cutting off a lock of hair on the forehead, and de- 

 livering it to his lord ; denoting, that he waa to be maintained 

 for the future. 



Such a bondman, if he reclaimed hib liberty, or were fu- 

 gitive from his mailer, might be drawn again to his fervitude 



by 



