i7* BON D. 
good, as the bond is forfeited at'iommon law ; and there 
is not any ftatute to relieve. 
Debt upon bond of 1 61 . conditioned to pay 8l. tos. on a 
Certain day; the defendant pleaded, that, before that day, 
he, at the requeft of the plaintiff, paid to him 5I. which 
he accepted in fatisfadlion of the debt; and upon demurrer, 
the plaintiff had judgment, becaufe the defendant had 
f ileaded the payment of the 5I. generally, without alleg- 
ng, that it was in fatisfaftion of the debt. It is true, he 
fets forth, that it was accepted in fatisfaiSlion of the debt, 
but it ought likewife to be paid in fatisfaclion. 5 Rep. 117. 
Debt upon bond, conditioned, that in confideration the 
plaintiff had paid 12I. to the defendant; he became bound 
to pay the plaintiff 12I. if he lived one month after the date 
of that bond ; and if not paid at that time then to pay him 
14I. if he lived fix months after the date of the bond ; the 
defendant pleaded, that after the fix months lie paid the 
plaintiff 8l and then gave him another bond in the penalty 
of 20I. conditioned to pay him iol. on a certain day, in 
full (atisfa&ion of the other bond, and that the plaintiff 
did accordingly accept the faid bond ; upon a demurrer to 
this plea it was held ill; for admitting that one bond might 
be given in fatisfaCfion of another, yet it cannot be after 
the other is forfeited, as it was in this cafe ; becaufe after 
the forfeiture, the penalty is veiled in the obligee, and a 
lefs fum cannot be a fatisfaiSlion for a greater. 1 Lut. 464. 
It hath been adjudged, that the acceptance of one bond 
■cannot be pleaded in fatisfaiSlion of another bond. Cro.Car. 
85. Moore 872. Cro.EUz.11G. 2 Cro. 579- Thus in debt 
on a bond of iool. conditioned for the payment of 52I. 10s. 
on a certain day, the defendant pleaded that at the day, 
&c. he and his foil gave a new bond of iool. conditioned 
for the payment of 52I. 10s. at another day then to come, 
tyhich the plaintiff accepted in fatisfaiSlion of the old bond ; 
and upon demurrer it was adjudged for the plaintiff, be¬ 
caufe the acceptance of a new bond to pay money at ano¬ 
ther day, could not be a prefent latisfaclion for the money 
due on the day when it was to be paid on the old bond. 
Hob. 68. Bur it is otherwife where the fecond bond is not 
given by the obligor; as in debt upon bond againft the 
defendant as heir, &c. he pleaded that his anceflor, the 
obligor, died inteflate, and that W. R. adminiflered, who 
gave the plaintiff another bond in fatisfaiSlion of the for¬ 
mer: there was a verdiCt for the defendant: and, it being 
moved in arrefl of judgment, this diflindiion was made ; 
that if the obligor, who gave the firfl bond, had likewife 
given the fecond, it would not have difeharged the firfl; 
but in this cafe the fecond bond was not given by him who 
gave the firfl, but by his adminiflrator, which had mended 
the fecurity, becaufe he may be chargeable de bonis propriis\ 
-and for that reafon the fecond bond was held to be a dif- 
charge of the firfl. 1 Mod. 225. 
A bond on which neither principal nor interefl has been 
demanded for twenty years, will be prefumed in equity to 
be fatisfied, and be decreed to be cancelled ; and a perpetual 
injunction granted to flay proceedings thereon. 1 Ch. Rep. 79. 
Finch. Rep. 78. Mod. Ca. 22. But fatisfaiSlion maybe pre¬ 
fumed within a lefs period, if any evidence be given in aid 
of the prefumpition ; as if an account between tlie parlies 
has been fettled in the intermediate time, without any no¬ 
tice having been taken of fitch a demand. Yet length of 
time is no legal bar, it is only a ground for the jury to pre- 
fntrie fatisfaClion. 1 Term Rep. 210. 
If feveral obligors are bound jointly and feverally, and 
the obligee make one of them his executor, it is a releafe 
of the debt, and the executor cannot fue the other obli¬ 
gor. 8 Co. 136. 1 Salh. 300. 1 Jon. 345. But though it 
it be a releafe in law, in regard it is the proper att of the 
obligee, yet tlie debt by this is not abfolutely difeharged, 
but it remains affets in his hands, to pay both debts and 
legacies. Cro. Car. 373. Yelv. 160. If a feme foie obligee 
take one of the obligors to hufband, this is faid to be a 
-tteleafe in law of the debt, being her own aCl. 8 Co. 136 a. 
jf one obligor makes the executor of the obligee his exe¬ 
cutor, and leaves aifets, the debt is deemed fatisfied, for 
he has power,'by way of retainer, to fatisfy the debt; and 
neither he nor the adminiftrator de bonis non, &c. of the 
obligee can ever fue the fnrviving obligor. Hob. 10. But 
if two are bound jointly and feverally to A. and the exe¬ 
cutor of one of them makes the obligee his executor, yet 
the obligee may fue the other obligor. 2 Lev. 73. If tw'o 
are jointly and feverally bound in an obligation, and the 
obligee releafe to one of them, both are difeharged. Co, 
Lit. 232 a. 
Three were bound jointly and feverally in an obligation, 
and an adlion was brought againd one of them, who plead¬ 
ed, that the fcal of one of the others was torn off, and the 
obligation cancelled, and therefore void againft all. Upon 
demurrer it was adjudged, that the obligation, by tearing- 
off the feal of one of the obligors, became void againft 
all, notwithffanding the obligors were feverally bound. 2 
Lev. 220. 2 Show. 289. If the condition of a bond be, 
that a clerk fliall faithfully ferve, and account for all mo¬ 
ney, &c. to the obligee and his executors ; this does not 
make the obligor liable for money received by the clerk, 
in the fervice of the executors of the obligee, who con¬ 
tinue the bufinefs, and retain the clerk in the fame em¬ 
ployment, with the addition of other bulinefs, and an in- 
creafe of falary. 1 Term Rep. 287. But fuch a bond is not 
difeharged by the obligee’s taking another partner into their 
houfe, it is only a fecurity to the houfe of the Qbligees. 
lb. 291 n. 
With refpeiSt to aElion on a bond, where perfons are 
bound feverally, the obligee is at his election to fue all the 
obligors together, or all of them apart, and have feveral 
judgments and executions; but he fliall have fatisfadlion 
but once, for, if it be of one only, that fliall difeharge the 
reft. Dyer 19,310. Where two or more are joined in a- 
joint bond, and only one is fried, he mull plead in abate¬ 
ment, that two more fealed the bond, &c. and aver that 
they are living, and fo pray judgment de biUa , &c. and 
not demur to the declaration. Sid. 420. 
If adlion be brought upon a bond againft two joint and. 
feveral obligors jointly, and both are taken by capias, here- 
• the death or efcape of one (hall not releafe the other; but 
the fame kind of execution niuft be taken forth againft 
them : it is otherwife when they are fried feverally. Hob » 
59. Alfo, if two or more be jointly bound, though re¬ 
gularly one of them alone cannot he fued, yet if procefs be 
taken out againft all, and one of them only, appears, but the 
others (land out to an outlawry, he who appeared fnall be 
charged with the whole debt. 9 Co. 119. If a bond is 
made to three, to pay money to one of tltem, they niuft 
all join in the adlion, becaufe they are but as one obligee-. 
Yelv. in. So if an obligation be made to three, and two. 
bring their adlion, they ought to fhevv the third is dead, 
1 Sid. 238. 1 Vent. 34. Though there be feveral obligees,, 
yet a perfon cannot be bound to feveral perfons feverally ; 
and therefore an obligation of 200I. to two, to pay the 
one iool. to the one, and the other to the other, is a void- 
condition. Dyer 25ca. pi. 20. Hob.112. 2 Broionl. 207. Yelv, 
ill. If A. bind him (elf in a fum to B. to pay to C. who 
is a ftra-nger, a payment to C. is a payment to B. and, in 
an action upon it, the count mud be upon.a bond payable 
to B. 1 Sid. 293. 2 Kcb. 81. 
In debt the declaration was, that the defendant became 
bound in a bond of-, for payment of --to him, his 
attorney or affigns, and on oyer of the bond it appeared,, 
that it was to pay to the plaintiff’s attorney or afligns, 
without mention of himfejf; and on demurrer for this va¬ 
riance it was faid that the declaration niuft not be accord¬ 
ing to the letter of the obligation, but according to the 
operation of the law thereupon. 6 Mod. 22S. Robert vt 
Harnage. So if A. makes a bond to B. to pay to fuch per¬ 
fon as lie fliall appoint; if B. does appoint one, payment to 
him is a payment to B. and, if B. appoint none, it (hall ba 
paid to B. himfelf. G Mod. .228. It A. by his bill obliga¬ 
tory, acknowledges himlelt to be indebted to B. in the 
fum of iol. to be paid at a day to come, and binds him¬ 
felf and his heirs in the fame bill in 20I. but does not men¬ 
tion 
