68 BON D. 
Form of a Bond, with Condition for the Payment of 
Money. 
“ KNOW al! men, by tliefe prefents, That I, David 
Edwards, of Lincoln’s Inn, in the county of Middiefex, 
Eiquire, am held and firmly bound to Abraham Barker, of 
Dale Hall, in the county of Norfolk, Efqtiire, in the penal 
Atm of ten thoufand pounds, of lawful money of Great 
Britain, to be paid to the laid Abraham Barker, or his 
certain attorney, executors, adminiflrators, or affigns; 
for which payment well and truly to be made, I bind my- 
felf my heirs, executors, and adminiflrators, firmly by 
thele prefents, fealed with my feal. Dated the fourth 
day of September, in the twenty-firft year of the reign 
our fovereign Lord George the Third, by the grace of 
God, of Great Britain, France, and Ireland, king, de¬ 
fender 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 
adminiflrators, do and (hall well and truly pay, or cattle 
to be paid, unto the above-named Abraham Barker, his 
executors, adminiflrators, or afligns, the full Aim of five 
thoufand pounds of lawful money of Great Britain, with 
lawful inrereff for the fame, on the fourth day of March 
next enfuing the date of the above-written obligation, then 
this obligation fir a 11 be void, and of none effect; or elfe 
{hall be and remain in full force and virtue. 
Sealed and delivered, be- T 
ing firfi duly damped, l David Edwards (L. S.) 
in the prefence of J 
A. B. 
For irregular forms of bonds or obligations, fee i I.eon. 
35. 3 Leon. 299. Cro. Jac. 208, 607. from whence, and o- 
ther authorities, which the regularity of modern prac¬ 
tice lias rendered uninterefling, it appears that the courts 
are always inclined to fupport the jultice of the plaintiff ’s 
cafe, without much regard to mere errors in form, or arif- 
ing from accident. 
All perfons wftio are enabled to contract, and whom the 
law fuppofes to have fufficient freedom and underltanding 
for that purpofe, may bind themfelves in bonds and obli¬ 
gations. 5 Co. 119. 1 Rol. Air . 340. But if a perfon is il¬ 
legally reffrained of his liberty, by being confined in a 
common gaol, or elfewliere, and, during fuch reftraint, 
enters into a bond to the perfon who caufes the reftraint, 
the fame may be avoided for dure/s of imprifonment. Co. 
lit. 233. 2//7/L482. So in refpedl of that power and au¬ 
thority which a luilband has over his wife, the bond of a 
feme covert is ipfo facto void, and (hall neither bind her 
nor her hufband. So though an infant (hall be liable for 
his neceffaries, fuch as meat, drink, clothes, phyfic, fchool- 
ing, See. yet if he bind liimfelf in an obligation, with a 
penalty for payment of any of thofe, the obligation is 
void. Doll, and Stud. 113. Co. Lit. 172. Cro. Jac. 494. 1 Sid. 
112. 1 Salk. 279. Cro. Eliz. 920. Alfo though a perfon non 
compos mentis (hall not be allowed to avoid his bond, by rea- 
fion of infanity and diffraction, yet may a privy in blood, 
as the heir, and privies in repvcfentation, as the executor 
and adminiftrator, avoid fuch bonds ; alfo if a lunatic, af¬ 
ter office found, enters into a bond, it is merely void. 4 Co. 
124, Beverley's cafe. But by 2 Stra. 1104, lunacy may be 
given in evidence on the general iflue. But if an infant, 
feme covert, See. who are difabled by law to contrail, and 
to bind themfelves in bonds, enter, together with a (Dan¬ 
ger, who is under none of thefe difabilities, into an obli¬ 
gation, it (hall bind the (Danger, though it be void as to 
the infant, Se c. 1 Rol. Rep. 41. 
If a fervant makes a bill in form, “ Memorandum, that 
I have received of A. B. to the ufe of my mailer C. D. 
the Aim of 40I. to be paid at Michaehuas follow ing,” and 
thereto fet his feal, this is a good obligation to bind him- 
felf; for though, in the beginning of the deed, the receipt 
is faid to be to the ufe of his mailer, yet the repayment is 
general, and muff neceffarily bind him who fealed; and 
the rather, becattfe otherwife the obligee would Iofe his 
debt, he having no-remedy againft the mailer. Yelv. 127, 
Talbot v. Godbolt. 
Infants, ideots, as alfo feme coverts, may be obligees’, 
and here the hufband is fuppofed to affent, being for his 
advantage; but, if he difagrees, the obligation hath loft its 
force ; Co that after the obligor may plead non cf faElum ; 
but, if he neither agrees nor difagrees, the bond is good, 
for his conduct (hall be efteemed a tacit confent, (ince it is 
to his advantage. 5 Co. 119 A. Co. Lit. 3 a. An alien may 
be an obligee; for, fince he is allowed to trade and traffic 
with 11s, it is but realonable to give him all that Cecurity 
which is neceffary in his contracts, and which will the bet¬ 
ter enable him to carry on bis commerce and dealings 
amongft us. Co. Lit. 129 b. Moor 43 1 C10. Eliz. 142, 683. 
Cro. Car. 9. 1 Salk. 46. 7 Mod. 15. Sole corporations, fuch 
as hilltops, prebends, parfons, vicars, See. cannot be obli¬ 
gees, and therefore a bond made to any of thefe (hall en¬ 
dure to them in their natural capacities ; for no foie body 
politic can take any chattel in Aicceflion, unlel’s it be by 
ctiflom ; but a corporation aggregate may take any chattel, 
as bonds, leafes, Sec. in its political capacity, which (hall 
go in fucceffion, becattfe it is always in being. Cro. Eliz, 
464. Dyer^ha. Co. Lit.) a. Rcb. 64. 1 Rol.Abr. 515. 
If a drunken man gives his bond, it binds him ; and a 
bond without conlideration is obligatory, and no relief (hall 
be had againft it, for it is voluntary, and as a gift. Jenk, 
Cent. 109. But fee Cole v. Robins, Ilil. 2 Ann. per Holt, 
referred to in Bull. A. P. 172 that, on the general iffue, 
the defendant may give in evidence, that they made him 
fign the bond when he was fo drunk that he knew not 
what he did. A perfon enters voluntarily into a bond, 
though there was not any confideration for it; if there be 
no fraud ufed in obtaining the fame, the bond fliall not be 
relieved againft in equity : but a voluntary bond may not 
be paid in a courfe of adminiftration, fo as to take place of 
real debts even by (imple contradf ; yet it (hall before le¬ 
gacies. 1 Ckan. Caf. 157. An heir is not bound, unlefs he 
be named exprefsly in the bond; though the executors and 
admilfrators are. Dy. 13. 
It is clearly agreed that two or more may bind themfelves 
jointly in an obligation, or they may bind themfelves jointly 
and fevetally ; in which 1 a ft cafe, the obligee may Ate them 
jointly ; al(o, in fuch cafe, if one of them dies, his exe¬ 
cutor is totally difeharged, and the furvivor and furvivors 
only chargeable. 2 Rol.Abr. 148 Dior 310. Co. 19. Dai. 
85. 1 Salk 393 Caitk. 61. 1 l.ulw. 696. If three enter 
into an obligation, and bind themfelves in the words fol¬ 
lowing, Obligamus nos el utr unique noflrum per fe pro loto et in 
folido, thefe make the obligation joint and feveral. Dyers') 
b. pi. 114. 
It is faid, that there are only three things effentially ne- 
cellary to the making a good obligation, viz. writing in 
paper or parchment, fealing, and delivery, but it bath been 
adjudged not to be neceffary, that the obligor fhotild fign 
or fubferibe his name; and that therefore if in the obli¬ 
gation the obligor be named Erlin, and be figns his name 
Erlwin, that this variation is not material , becattfe fub- 
feribing is no effential part of the deed , fealing being fuf- 
ficient. 2 Co. 5 a. Godard’s cafe. Noy 21, 85. Moor 28. Stile 
97. 2 Salk. 462. 5 Mod.^z 81. And though the feal be ne- 
ceffary, and the itfual way of declaring on a bond is, that 
the defendant by his bond or writing pjftigatory, fealed with 
his feal, acknowledged, &c. yet if the word fealed be want¬ 
ing, it is cured by verdict and pleading over, for all ne- 
celfary circumftances (hall be intended ; and, if it were not 
fealed, it could not be his deed or obligation. Dyer \) a. 
Cro. Eliz. 571. Cro. Jac. 420. 2 Co. 5. iVent.’jo. 32^.348. 
t Sa/k. 141. 6 Mod. 306. Alfo, though lealingand delivery 
be effential in an obligation, yet there is no occafion in the 
bond to mention that it was fealed and delivered ; becattfe, 
as lord Coke fays, thefe are things which are done after¬ 
wards. 2 Co. 5 a. 
The name of the obligor fubferibed, it is faid, is fuffi¬ 
cient, though there is a blank lor his Chrifirian name in the 
bond. 
