alteration or addition he ordered in any way, or voluntarily accepted after it was made, when he could have rejected it. So it is sometimes agreed that any additions or alterations shall be paid for at the same rate as the work contracted for. The law would imply this agreement if the parties did not make it expressly. CHAPTER VIII. BONDS. A BARGAIN where both parties make promises, and come under obligations, each to the other, may be made without seal, and would then be called an Agreement. If made under seal, it would generally be in the form of, and bear the name of, an Indenture. If a promise by one only, is made in writing, without a seal, it is a simple promise; but if it be made with a seal, then it would generally be in the form of, and bear the name of, a BOND. The essentials of a bond are only that one party should acknowledge himself" held, bound, and obliged" unto another party, to pay to him a sum of money; and neither of the words " held," or "bound," or "obliged," are strictly necessary, although usual and proper other words of the same meaning will have the same effect. In such a bond, the party bound is called the obligor, and the party to whom he is bound is called the obligee. The sum for which the obligor is bound is called the penal sum, or the penalty. Such a bond is simply an obligation to pay so much money. But a bond is not often given only for this purpose. It is usually intended to be, in fact, an obligation to do something else, on the penalty of paying so much money if it be not done. This something else may be any thing whatever which the obligor may contract to do. All this is contained in an addition, which is written on the same paper immediately after the bond itself; that is, after the words of obli gation. And this is called the "Condition" of the bond. It begins with saying, This bond is on the condition following; and then recites the things which the obligor has undertaken to do; and then adds, that if all these things are fully done and performed, then the bond shall be void and of no effect, and otherwise shall remain in full force. The meaning and effect of all this is, that if the obligor fails, in any respect, to do what the condition recites, then he is bound to pay the money he acknowledges himself, in the bond, bound to pay. But now the law comes in to mitigate the severity of this contract. And whatever be the sum which the obligor acknowledges himself, in the bond, bound to pay, he is held by the courts to pay to the obligee only that amount which will be a complete indemnification to him for the damage he has sustained by the failure of the obligor to do what the condition recites. For example; suppose A B makes a bond to CD, acknowledging himself bound to C D in the sum of ten thousand dollars. The condition recites that one E F has been hired by C D as his clerk, and that A B guarantees the good conduct of E F; and if E F does all his duty honestly and faithfully, then the bond is void, and otherwise remains in full force. Then suppose E F to cheat C D out of some money. A B is sued on the bond; CD cannot recover from him, in any event, more than the ten thousand dollars; and he will in fact recover from him only so much of this as will make good to C D all the loss he has sustained by E F's misconduct. As the obligee can recover from the obligor only actual compensation for what he loses, it is usual, in practice, to make the penal sum in the bond large enough to cover all the loss that can happen. There need be no "consideration," alleged or asserted in the bond, or proved, because, in the language of the law, the seal is (or implies) a consideration. The following forms are those of bonds frequently given; and it will be easy to frame from some one of them any bond that is wanted for other purposes. (25.) A Simple Bond, without Condition. Know all Men by these Presents, That I (the obligor) am held (the obligee) in the sum of lawful or his and firmly bound unto certain attorney, Dated the day of Sealed with my seal in the year of our Lord one Bond for Payment of Money, with a Condition to that Effect, with Power of Attorney to confess Judgment annexed. Know all Men by these Presents, That and firmly bound unto in the sum of money of the United States of America, to be paid to the said held lawful or his heirs, executors and administrators, seal Dated in the year of our Lord one certain attorney, executors, administrators or assigns: to which payment well and truly to be made, the day of thousand eight hundred and The Condition of this Obligation is such, That if the above bounden heirs, executors, administrators, or any of them, shall and do well and truly pay, or cause to be paid, unto the above-named certain attorney, executors, administrators or assigns, the just sum of dollars, without any fraud or further delay, then the above obligation to be void, or else to be and remain in full force and virtue. Sealed and Delivered in the Presence of (Signature.) (Seal.) Whereas, even date herewith, do of for the payment of or to any other Attorney (the obligor) in and by a certain obligation bearing stand bound unto (the obligee) in the sum lawful money of the United States of America, conditioned These are to desire and authorize you, or any of you, to appear for heirs, executors or administrators, in the said court or elsewhere, in an action of debt, there or elsewhere brought, or to be brought, against me, or my heirs, executors or administrators, at the suit of the said (the obligee) executors, administrators or assigns, on the said obligation, as of any term or time past, present, or any other subsequent term or time there or elsewhere to be held, and confess judgment thereupon against me, or my heirs, executors or administrators, for the sum of lawful money of the United States of America, debt, besides costs of suit, in such manner as to you shall seem meet: and for your, or any of your so doing, this shall be your sufficient warrant. And I do hereby for myself, and for my heirs, executors and administrators, remise, release, and forever quit claim unto the said (the obligee) or his certain attorney, executors, administrators and assigns, all and all manner of error and errors, misprisions, misentries, defects and imperfections whatever, in the entering of the said judgment, or any process or proceedings thereon or thereto, or anywise touching or concerning the same. or dollars, to executors, the payment of which to the said administrators, or assigns, we hereby jointly and severally bind ourselves, our heirs, executors, and administrators. The Condition of this obligation is such that whereas the said obligors have agreed to sell and convey unto the said obligee a certain parcel of real estate situated and bounded as follows, namely: The same to be conveyed by a good and sufficient (warranty or other) deed of the said obligors, conveying a good and clear title to the same, free from all incumbrances And whereas, for such deed and conveyance it is agreed that the said obligee shall pay the sum of dollars, of which per dollars are to be paid in cash upon the delivery of said deed, and the remainder by the note of the said obligee, bearing interest at cent per annum, payable semi-annually, and secured by a in the usual form upon the said premises, such note to be (describe the note) mortgage Now, therefore, if the said obligors shall upon tender by the said obligee of the aforesaid cash, note and mortgage at any time within from this date, deliver unto the said obligee a good and sufficient deed as aforesaid, then this obligation shall be void, otherwise it shall be and remain in full force and virtue. In Witness Whereof, We hereunto set our hands and seals this Bond for a Deed of Land, with Acknowledgment before Know all Men by these Presents, That executors and administrators, firmly by these presents, sealed with heirs, seal, and to and dollars, and interest, years from this date, agreeably note of even date herewith, shall convey to said deed in common form duly executed and acknowledged, to occupy and improve by a and in the mean time shall permit said |