B O 
bond. C'ro. Jac. 261, $3$. s AW. 1.07. Tn tliefe cafes, 
though there be a verdict, there (hail not be judgment. 
Where an obligor’s name is omitted to be infe.rted in the 
bond, and yet he llgns and feals it, the court of Chancery 
may make good (itch an accident; and in cafe a perfon 
• takes away a bond fraudulently, and cancels it, the obli¬ 
gee (hall have as much benefit thereby, as if not cancelled. 
3 Chan. Rep. 99, 184. An obligation is good though it 
wants a date, or hath a falfe or impoffible date ; tor the 
date, as hath been obferved, is not of the fubfiance of 
the deed ; but herein we mull take notice, that the day of 
the delivery of a deed or obligation is the day of the date, 
though there is no date fet forth. 2 Co. 5, Godard’s cafe. 
Nay.- 85. Hob. 249. Stile 97. Cro. Jac. 136, 264. Yelv. 193. 
1 Salk. 76. If a man declare on a bond, bearing date fucli 
a day, but does not fay when delivered, this is good : tor 
every deed is fuppofed to be delivered and made on the 
day it bears date ; and, if the plaintiff declare on a date, 
lie cannot afterwards reply, that it was firfi delivered, at 
another day, for this would be a departure. Cro. FAiz. 773. 
2 Lev. 348. 1 Salk. 141. 1 Brownl. 104. 1 Lev. 196. A plain¬ 
tiff may fugged a date in a bond, where there is none, or 
•it is impoffible, &c. where the parties and dim are fiiffici- 
ently expreffed.. 3 Mod. 282. A bond dated on the fame 
day on which a releafe is made of all things up to the day 
of the date, is not thereby dileharged. 2 Rol. Rep. 253. If 
the bond was delivered before the date, on ilfue, non ejl 
J'aFtum , joined on ftich a deed, the jury are not edopped to 
find the truth, viz. that it was delivered before the date, 
■and it is a good deed from the delivery. 2 Co. 4'. 3 Kxb. 33 2. 
A perfon (hall not be charged by a bond, though figned 
and fealed, without delivery, or words, or other thing, 
amounting to a delivery. 1 Leon. 14b. But a bond or deed 
may be delivered by words, without any aft of delivery ; 
as w here the obligor fays to the obligee, Go and take the 
: faid writing, or take it as my deed, &c. So an actual de¬ 
livery, without (peaking any word, is fufficient: other- 
wife a man that is mute could not deliver a deed. Co. Lit. 
36 a. C'ro. Eliz 835. Leon. 193. Cro. Eliz. 122. Interline¬ 
ation in a bond in a place not material, will not make the 
bond void ; but, if it be altered in a part'material, it (hall 
be void. 1 Ne/f. Abr. 391. A.nd a bond may be void by 
rafure, Sic. as where the date, See. is rafed after delivery ; 
which goes through the whole. 5 Rep. 23. If the words in 
a bond at the end of the condition, That then this obligation 
to be void, are omitted, the condition will be void ; but not 
the obligation. 
The condition of a bond was, that A. I,, fliould pay 
fnch a fiim upon the 23th of December, or appear in Hilary 
term after, in the court of B. R. He died after the 23th 
of December, and before Hilary term, and had not paid 
any thing: in this cafe the condition was not broken for 
non-payment, and the other part is become impollible by 
the act of God. 1 Mod. Rep. 263. And, when a condition 
is doubtful, it is always taken mod favourably for the obli¬ 
gor, and again!! the obligee ; but fo as a reafonable- con- 
ItruCtion be made as near as can be according to the inten¬ 
tion of the parties. Dyer 51. If no time is limited in a 
bond for payment of the money, it is due prefently and 
payable on demand. 1 Brownl. 5 3. ' But the judges have 
fometimes appointed a convenient time for payment, hav¬ 
ing regard to the didance of place, and the time wherein 
the thing may be'performed. And if a condition be made 
impoffible in refpeCt to time, as to make payment of money 
on the 30th ot February, there being no fuch day, it (hall 
be paid prelently. Jorrs 140. 1 Leon. 101. 
A bond made to enfeoff two perfonS ; if one dies before 
the time is pad, wherein it diould be done, the obligor 
mud enfeoff the furvivor of them, or the condition will be 
broken ; and if it be that B. and others dull enjoy land, 
and the obligor and B. the obligee doctidurb t he red; by 
this the condition is broken. 4 Hen. V If. 1 Co. Lit. 384. 
Where one is bound to do an a£t to the obligee him (elf, 
the doing it to a dran'ger by appointment of the obligee, 
’Will not be a performance of the condition.- 2 Bu/fl. 149. 
j V04.. Ill. No. 123. 
N I>. Tj6 9 
But in fuch cafe equity wouldrelieve, and probably a judge* 
on fuch aition coming before him, would order plaintiff 
to be non-fuited. If the ad be to be done at a certain 
place, where the obligor is to go, to Rome, See. and he 
is to do the foie ad without limitation of time, lie hath 
term during life to perform the fame: if the concurrence 
of the obligor and obligee is requifite, it may be hadened 
by the requed of the obligee. 6 Rep. 30. 1 Rol. Abr. 437. 
Where no place is mentioned for performance of a condi¬ 
tion, the obligor is obliged to find out the perfon of the 
obligee, if lie be in England, and tender the money, other- 
wife the bond will be forfeited : but, when a place is ap¬ 
pointed, he need feek no further. Co. Lit. 210. Lit. 340. 
And if, where no place is limited for payment of money 
due on a bond, the obligor, at or after the day of payment, 
meets with the obligee, and tenders him the money, but 
lie goes away to prevent it, the obligor (hall be excufed. 
S Edw. IV. The obligor, or his fervant, &c. may tender 
the money to five the forfeiture of the bond, and it (hall 
be a good performance of the condition, if made to the 
obligee, though refilled by him ; yet if the obligor be af¬ 
terwards fued, he mull plead that he is (fill ready to pay it, 
and tender the money in court. Co. Lit. 208. 
In the performance of the condition of an obligation, the 
intention of the parties is chiefly to be regarded ; and there¬ 
fore a performance in fubfiance is fufficient, though it dif¬ 
fers in words or fome material circumffance; as if one be 
bound to deliver the teliament of the teftator, if he plead 
that he had delivered letters tefiamentary, it is fufficient. 
Bro. Condition , 138. 17 Edw. IV. 3. 1 Rol. Abr. 426. If 
the condition of an obligation be to procure a lawful dif- 
charge, this, mud be by a releafe, or fome difeharge that, 
is pleadable, and not by acquittance, which is but evidence. 
1 Keb. 739. If the party, who is bound to perform' the 
condition d-'.fable liimfelf, this is a breach; as where the 
condition is, that the feoffee (hall reinfeoff, or make a gift 
in tail, &c. to the feoffor ; the feoffee, before lie performs 
it, make a feoffment or gift in tail, or leale for life or years 
in p'rajenli or futuro to another perfon, or marry or grant a 
rent-charge, or be bound in a (fatute, or recognifance, or 
become profefled ; in all thole cafes the condition is bro¬ 
ken ; for the feoffee has either difabled liimfelf to make 
any efiate, or to make it in (lie fame plight or freedom in 
which he received it; and being once difabled, he is ever 
difabled, though his wife Should die, or tlie rent, &c. be 
dileharged, or he (hould be derainged, &c. before the time 
of the reconveyance. Co. Lit. 221. Poph. no. 1 Co. 23 a. 
1 Rol. Abr. 447. 
Where the condition is in the conjunctive, regularly both 
parts tmid be performed ; yet, to fupply the intention of 
the parties, it is held, that, if a condition in the conjunc¬ 
tive be not poffible to be performed, it (hall be taken in the 
disjunctive ; as if the condition be, that he and his execu¬ 
tors fliall do fuch a tiling, this (hall betaken inthe'dk- 
jumStive, becatife he cannot have an executor in his life¬ 
time ; fo if the condition be, that he and his affigns Avail 
fell certain goods, this ihall be taken in the disjunctive, 
becaufe both cannot do it. 1 Rol. Abr. 444. Owen 32. 1 Leon. 
74. Gouldf. 71. A bond made with condition not to give 
evidence againfi a felon, &c. is void ; but the defendant 
mutt plead the fpecial matter. 2 WUJ. 341. Condition o-f 
a bond to indemnify a perfon from any legal profecutfoh 
is againfi law, and void. 1 Lulv).-66 7. And, if a fiieriff 
takes a bond as a' reward for doing of-a thing, it is void. 
3 Salk. 75 - 
With refpect to the payment or difeharge of bonds-; 
where a lelfer fum is paid before it is due, and the pave¬ 
ment is accepted, it (hall be good in fatisfacfion of a greater 
fum ; but after the money is due, then a leffer fum, though 
accepted, fhali not be a fatisfaCfion for a greater fum. Thus 
in debt upon bond conditioned to pay 81. defendant pleaded 
payment of 3I. before the day-mentioned in the condition', 
which the obligee accepted in t'atisfaction of the.-bond, and 
vtpon demurrer this was adjudged a good plea. Moor 677. 
3 Bu/Jl. 301. Payment after the d.a-y, of adds -fum,. is not 
X x good, 
