The condition of the above-written bond is such that if the above
A.B., his heirs, executors or administrators, shall on the day
of pay to the above-named C.D., his heirs, executors, administrators
or assigns the sum of L[1000], with interest for the same from the
date of the above-written bond at the rate of per cent per
annum without any deduction, then the above-written bond shall be
void: otherwise the bond shall remain in full force.
Signed, sealed and delivered
by the above-named A.B.
in the presence of (witness)
Recitals are frequently added to explain the circumstances under which
the bond is given.
If the condition is not performed, i.e. if the obligor does not pay the
money by the day stipulated, or do or refrain from doing the act
provided for, the bond becomes forfeit or absolute at law, and charges
the obligor and his estate (see Conveyancing Act 1881, s. 59). In old
days, when a bond was forfeit, the whole penalty was recoverable at law
and payment _post diem_ could not be pleaded to an action on it, but the
court of chancery early interposed to prevent oppression. It held the
penalty of a bond to be the form, not the substance of it, a pledge
merely to secure repayment of the sum bona fide advanced, and would not
permit a man to take more than in conscience he ought, i.e. in case of a
common money bond, his principal, interest and expenses. This equitable
relief received statutory recognition by an act of 1705, which provided
that, in case of a common money bond, payment of the lesser sum with
interest and costs shall be taken in full satisfaction of the bond. An
obligee of a common money bond can, since the date of the Judicature
Act, obtain summary judgment under O. xiv. (R.S.C. 1883) by specially
endorsing his writ under O. iii. R. 6.
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