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AFFIDAVIT. nent's knowledge and belief, this deponent had
not, previously to the said
any act or acts of bankruptcy whatso-
in the year of our Lord (being the day, &c.) or at any time since, have duly executed, &c. except certain persons “ who are not creditors in the whole for £200, “ and no two of whom, or more than two dealing “ in two copartnerships, are creditors for £150,
nor one of them, or more than one dealing in
one copartnership, is or are creditor or creditors “ for £100; and that to the best of this deponent's * knowledge, &c. he had not previously, &c. “committed any act of bankruptcy (1).”
(1) In all cases of purchase from insolvents there is some degree of risque, as the purchase is liable to be defeated by a subsequent commission. The creditors who have signed the deed are, however, estopped from petitioning for a commission. (See Tappenden v. Burgess, 4 East. 236.) and if the remaining creditors are not sufficient in number and value for the purpose, no cominission can be taken out. The affidavit may be sworn before any magistrate or officer who will administer an oath ; but as it is not in the course of a legal proceeding, perjury could not be assigned thereon.
For Payment of No. II.
Money. Common Bond ; with Variations.
KNOW ALL MEN by these presents, I (obligor) of
in the county of
, am (or we (obligor) and (obligor) both of, &c. are jointly, and that each of us is separately). held and firmly bound to (obligee) of
in the penal sum of
of lawful money of the
of our Lord
tors,] do and shall well and truly pay or cause to
be paid unto the above named (John obligee) his For Payment of Money, [or (John obligee) and (Charles obligee) or either
of them, their or either of their] executors, admipistrators, or assigns, at or in the bankinghouse of Messrs.
between the hours of nine and ten of the morning of the
now next ensuing, the full and just sum of of lawful money of the united kingdom of Great Britain and Ireland, of English value and currency, with interest for the same at and after the rate of five pounds for every one hundred pounds by the year (or with lawful interest for the same ;] Then the aforesaid obligation to be void and of no effect, but otherwise to be and remain in full force and
virtue. For Payment of
When by Instalments. The full and just sum of with interest for the same, at and after the rate of five pounds for every one hundred pounds by the year, [or otherwise as aforesaid) in manner hereinafter mentioned or expressed, (that is to say) the sum of
being one fifth part of the principal, with one year's interest, after the rate aforesaid, on the whole of the principal, on the now next ensuing ; the sum of being one other fifth part of the principal, with one year's interest on four-fisths of the principal (or of the remaining principal] on the which will be in the year of our Lord
; the , being one other fifth part of the principal, with one year's interest, after the rate aforesaid, on three-fifths of the principal (or of the remaining principal] on the
Money by Instalments.
which will be in the year of our Lord sum of
being one other fifth part of the For Payment of principal, with one year's interest, after the rate
Instalments. aforesaid, on two-fifths of the principal [or. the remaining principal,] on the which will be in the year of our Lord the sum of being one other fifth part or the remainder of the principal, with one year's interest for the same, after the rate aforesaid, on the
which will be in the year of our Lord
For Payment of Mortgage Money. For Payment of And wbich said sum of and interest is the
Money. same sum of and interest as is mentioned or expressed to be secured to be paid in and by a certain INDENTURE of mortgage bearing even date herewith, and made or expressed to be made between the said, &c. of the one part, and the said, &c. by their respective additions therein of the other part: Then the above written bonil or obligation to be void and of no effect; but if default shall be made of or in payment of the sums of money aforesaid, Then the same shall be and remain in full force and virtue (2).
The Condition of a Post Obit Bund (3). THE CONDITION of the above written obligation is such, that if the above bounden (obligor)
(2) Where a bond is given as a collateral security for payment of mortgage money, it should refer to the mortgage ; but vice versa is neither usual nor at all necessary.
(3) Many expressions are used in the reports which seem generally to condemn all post obit bargains ; but there is no determination which extends so far, and if the transaction is fair, and there has been a real, and not merely a colourable risque, there is no ground for the interposition of a court of
his heirs, executors, or administrators, do and shall well and truly pay, or cause to be paid unto the above named (obligee) his executors, administrators, or assigns, the full and just sum of
lawful money of the united kingdom of Great Britain and Ireland, of English value and currency, within
months from and after the decease of
at present of in the county of
No. III. For securing an Condition of a Bond for securing an Annuity. Annuity.
WHEREAS the above named (obligee) hath contracted and agreed with the above bounden (two obligors) for the purchase of an annuity or yearly sum of
during the term of the natural life of (cestui que vie) at or for the price or sum of
which said sum of she the said (obligee) paid to the said (obligors) day of
now last past, by the hands of (her solicitor) in the following manner, that is to say, by three exchequer bills severally dated the
Equity ; for a reversionary interest may be sold as legally as an estate in possession. Whether a court of Equity would interfere to relieve against post obit bonds upon payment of the sum really advanced, with legal interest, and an allowance for insuring the risque, is a question that has frequently been agitated, and in the variety of cases that have occurred, the court has, according to the particular circumstances, granted or denied relief. If there is any circumstance of fraud or circumvention, if an undue advantage has been taken of the necessities of the vendor, or if the terms of the agreement are grossly unequal, the court will so far interfere, as to consider it only a security for money lent.