No. CCXCVI. Bond by a Legatee to Indemnify Executors, in case there shall be a Deficiency of Assets. Obs. If an executor voluntarily pay a legacy, he cannot compel the legatee to refund in case there is a deficiency of assets, unless the executor should prove insolvent, 2 Vern. 205. Know all &c. see ante, No. CCLXVII. Whas (recite will) And whas (recite death of testator and probate of the will) And whas the sd (executors) have consented to pay to the sd (legatee) his sd legacy or sum of £ entering into the above-written obligation with such condon for making void the same as is hnaftr expssd upon his No. CCXCVI. Obligation. Recitals of will, &c. Now &c. see ante, No. CCLXX. That if the above-bounden Condition. (obligor) his hrs &c. within the space of days next after notice shall have been given him or them under the hands or hand of the sd (obligees) or the survor of them or the exs &c. of such survor that the personal este of the sd (testator) has proved insufficient to pay his just debts and funeral and testamentary exps togr with the sevl or. legacies given by his sd will do and shall well and truly repay or cause to be repaid to them the sd (obligees) or the survor &c. the whole or such proportion of the sd legacy or sum of £ as in such notice shall be expssd And also do and shall from time to time &c. save harmless &c. for or by reason of their or his having paid the sd legacy or &c. to the sd (obligor) as hnbefe is mentd or of any other matter &c. Then &c. see ante, No. CCLXX. No. CCXCVII. Bond to Indemnify the Purchaser of an Estate against Mortgage Money, where no Evidence can be obtained of its having been paid off. Know all &c. see ante, No. CCLXVII. Whas &c. (recite mortgage deed and other deeds affecting the Recital of este) And whas from the recitals contd in the indre of rele of the deeds. day of and the length of time since the dates and No. CCXCVII. Mortgage Money.) exons of the sd recited indres of the day and the by Indemnity, day &c. there is ground to presume that the sum of £ (Payment of the indre of &c. secured unto the sd (mortgagee) by way of mtge as afd togr with all int upon or in respect of the sd sum of £ has been long since paid off or satisfied but no positive evidence of such paymt and release can be obtained at present It was therefore agrd upon the treaty for the afd purchase that the sd (P.) shd be indemnified by the sd (V.) agst the principal sum of £ and all int as afd Condition. Now &c. see ante, No. CCLXX. That if the above-bounden (obligor) do and shall well and sufficiently save harmless &c. the sd messes lds &c. comprised in and expssd to be released by an indre of rele bearing even date with the above-written bond And the sd (P.) and his hrs &c. in respect thof of from and agst the sd sum of £ and the int thof and evy pt thof and of from and agst all actions and suits at law or in equity which shall be brought &c. and all costs &c. in respect of the sd sum of £ and int as afd and for or on acct of any act matter or thing in anywise relating thereto Then &c. see ante, No. CCLXX. No. CCXCVIII. Indemnity, (Lost Bond.) Obligation. Recitals of lost bond. Satisfaction of the bond. No. CCXCVIII. Bond of Indemnity on paying a Lost Bond. Know all &c. see ante, No. CCLXVII. mths Whas the above-named master and wardens and society by their bond or obligation under their common seal bearg date &c. became bound to the above-named (obligee) in the penal sum of £ conditioned for the paymt of the sum of £ unto the exs ads or ass of the sd (obligee) at the end of next after the dece of the sd (obligee) with such prfts upon the same as upon the then last general audit for the stock raised by and among the members of the sd society for the making and preparing &c. shd appear to be due to him and unpd as in and by the sd bond when produced will more fully appear And whas the sd bond is alleged to be lost or so mislaid that the same cannot be found And whas the sd master wardens and society on the day of the date hereof at the request of the sd (obligor) and on his promise of indemnity have made him full satisfaction of and for the sd bond No. CCXCVIII. Indemnity, Now &c. see ante, No. CCLXX. That if the above-bounden (Lost Bond.) (obligor) his hrs exs or ads or any or either of them do and Condition. shall in case the sd bond or obligation shall happen to be found or come to the hands custody or power of him them or any of them or of any or. psn for them deliver or cause the same to be delivered unto the then master and wardens of the sd society in order to be made void cancelled and destroyed and also shall and do from time to time and at all times hraftr save and keep harmless &c. the sd master wardens and their successors of and from &c. for or by reason of the sd bond or obligation or any of the money thby pd or for touching and concerning the same in anywise howsr Then &c. see ante, No. CCLXX. No. CCXCIX. Bond to Indemnify a Person from a Bill that is Lost, upon his granting another. Obs. By the 8 & 9 W. 3, c. 17, s. 3, the drawer of a bill may be required, in case it be lost, to give another bill on his being indemnified, but see further, Dig. p. ii. tit. BILLS (EXCHANGE); also post, DEEDS. Know all &c. see ante, No. CCLXVII. Whas the above-named (obligee) drew a bill No. on Messrs. A. & Co. for the sum of £ No. CCXCIX. dated &c. Obligation. of bill. paye to the order of given. E. D. which sd note was aftwds pd to L. & Co. and hath since by them been lost or mislaid And whas the sd (obligee) at the Another bill request of the sd L. & Co. hath given them another bill of the same value and tenor as the bill so lost on their indemnifying him &c. against all claims and demands to be made upon him in respect of the sd lost bill. Now &c. see ante, No. CCLXX. That if the above-bounden Condition. L. & Co. or either of them or either of their hrs exs ads or ass do and shall at all times hraftr save and keep harmless and indemnified the sd (obligee) his exs &c. and evy of them and evy of their lds tents goods and chattels whatsr of and from the paymt of the same bill and of and from all and all manner of actions ССХСІХ. Indemnity, (Lost Bill.) suits claims and demands whatsr for or on acct of the same bill and of and from all dams costs and chas whatsr which he or they may at any time hraftr sustain bear or be put unto by reason or means of the non-paymt of such lost bill And if the sd L. & Co. do and shall when and as soon as the sd note shall be found deliver the same to the sd (obligee) Then &c. see ante, No. CCLXX. No. CCC. Indemnity, a Will.) No. CCC. (Charges under Bond of Indemnity to a Purchaser against Two Legacies and an Annuity charged on Hereditaments which the Devisee has contracted to Sell. Obligation. Recitals of will, &c. Condition. Know all &c. see ante, CCLXVII. a Whas &c. (recite the will of R. P. whereby he bequeathed two legacies of £ each to his two grandchildren S. P. and T. P. upon their attaining their age of 21 and an annuity of £ yr to his brother H. P. and that the sd testator charged the sd legacies and annuity upon the hereditaments thereinafter devised to his son J. P. in fee) And whas the sd (purchaser) hath contracted with the sd (vendor) for the absolute sale to him of all &c. and the same pieces or pcls of ld heredts and preses have been duly conveyed to the sd (P.) his hrs and ass in and by certain indres of lease and rele bearing date resply the lease the day next before and the rele even date herewith And whas upon the treaty for such purchase it was agrd by and betn the sd (V.) and (P.) that the sd (V.) shd enter into the above-mentd bond by way of indemnity to the sd (P.) agst the two sd legacies of £ and the sd annty of £ so given and bequeathed by the sd will with a condition for making void the same as hnaftr is expssd and £ Now &c. see ante, No. CCLXX. That if the sd (V.) his hrs exs and ads do and shall well and truly pay or cause to be pd to the sd S. P. and T. P. when they shall resply attain their ages of 21 yrs the sd legacies or sums of £ and £ and int according to the direction of the sd will and do and shall at the costs and chas of the sd (V.) his hrs and ass produce and shew to the sd (P.) his hrs and ass good and effectual rects No. CCC. Indemnity, a Will.) and discharges for such legacies duly signed by the sd S. P. and T. P. after they shall have attained their respive ages of 21 (Charges under yrs and do and shall at the like costs and chas give to the sd (P.) his hrs and ass true and attested copies of such rects and discharges if he or they shall request the same And do and shall well and truly pay to the sd H. P. the sd testator's brother the sd annty of £ as and when the same shall from time to time become due and paye And do and shall from time to time and at all times hraftr indemnify save harmless and keep indemnified the sd (P.) his hrs and ass and his and their lds tents goods &c. parlarly the sd heredts and preses so purchased by the sd (P.) as afd of from and agst all actions suits at law or in equity claims demands ejectments and evictions by reason or on account of the sd two legacies &c. and all int which hath accrued or may accrue due thereon and of from and agst the sd annty of £ so bequeathed as afd and also of from and agst all costs chas and exps which he or they may sustain expend or be put unto for or in respect of such the sd legacies &c. or the sd annty &c. or of either of them or of any matter or thing relating thereto Then &c. see ante, No. CCLXX. Joint and several Bond of Indemnity on the Sale of an Estate. Obligation. Know all &c. see ante, No. CCLXVII. Whas by indre of release bearing date &c. divers lands and Recital of conheredts situated at were granted conveyed and reld to veyance. enter into bond. the above-bounden (obligors) in conson of the sum of £ And whas in conson of the sum of £ paid to the sd (obligors) Agreement to befe the date of the above-written bond or obligon the rect whof they the sd (obligors) do hby acknge and in pursuance of an agrt in writing bearing date and entered into with them the sd (obligors) they the sd (obligors) have agreed to enter into the above-written bond &c. subject to the condon hnaftr contd. Now &c. see ante, No. CCLXX. if the sd (obligors) or either Condition. of them their or either of their hrs exs and ads do and shall from time to time and at all times hraftr at his and their own |