2 Salk. 462. clearly not neceffary in former times, and the statute of frauds does not feem to extend to the cafe of a bond. Cro. Eliz. 56.729. $86. Cro. Jac. 203. 208. § 3. The law does not require any particular form of words as effentially neceffary to constitute a bond, but any words which fhew the intention of the party to bind himself will be fufficient, for fuch obligation is only in the nature of a contract, or a fecurity for the performance of a contract, which is conftrued according to the intention of the parties. § 4. It has been held in a variety of cafes, that a feeming Latin word, not properly expreffing the quan tum of the fum in which the party intended to be Cromwell v. bound, fhould, notwithstanding, be fo construed as to answer the intention of the parties, rather than the obligation fhould be void. Grumfden, 1 Ld. Ray. 335. Cro. Ja. 607. Butler v. § 5. It is the fame, if there be an evident mistake in the English word expreffing the fum intended. Thus a bond for threty pounds, was held to be good for thirty pounds. § 6. Any words by which the intention of the parties can be discovered, are fufficient to make a condition of a bond: for if the words, though improper, fhould be conftrued void, and not a condition, then the obligation would be fingle, and of force against the obligor, although he had performed the condition of it according to the intention of the parties and the the condition being for the benefit of the obligor, fhall be conftrued favourably. § 7. Mr. Serjeant Williams, in his notes on this cafe, fays "With respect to impoffible or void conditions, "the following diftinction has been taken; that where "the condition is underwritten or indorfed, that is only void, and the obligation is fingle; but where "the condition is part of the lien itself, and incor"porated therewith, (as in a recognizance by bail) "if the condition be impoffible, the obligation is "void." Pullerton v. 1 Salk. 172 § 8. If there be an omiffion of the ufual conclufion Idem. of a condition, namely, that then the obligation shall be void, &c. yet the condition is good, and it is a good defeazance of the bond, for infenfible and repugnant words shall be rejected. § 9. Where the condition of a bond is entire, and Idem the whole is against law, it is void. But where the condition confifts of feveral different parts, and some of them are lawful, and the others not, it is good for fo much as is lawful, and void for the reft. But if a bond is given, with condition to do a thing against an act of parliament, and also to pay a just debt, the whole bond is void, because the letter of the statute makes it void, and it is a strict law. $10. This fecurity is called a specialty, the debt being therein particularly specified, in writing; and the party's feal, acknowledging the debt or duty, and confirming M 4 Hob. 14 Effect of a confirming the contract, renders it a fecurity of a higher nature than those entered into without the folemnity of a feal. And therefore bond debts are preferred to thofe due upon fimple contract. § 11. When the condition of a bond is not perthe Obligor. formed, it becomes forfeited, or abfolute at law; and is a charge on the perfonal eftate and chattels real of the obligor, but not on his freehold lands; and therefore any fettlement or difpofition which he makes in his lifetime, of his lands, whether voluntary or not, will be good against bond creditors. For a bond being no lien whatever, on lands in the hands of the obligor, much lefs can it be fo, when they are given away to a stranger. Parflow v. As to his Tit. 1. f. 63. Tit. 17. f. 17, to f. 20. Tit. 17.1.23. 29. S 12. But if the obligor binds himself and his heirs in a bond, it will then be a lien on his heir, who in default of perfonal affets, will be bound to discharge it out of the real affets of the obligor, provided real affets defcend to the heir; fo that a bond is a collateral, though not a direct charge on lands. S 13. It has been stated in a former title, that reversions after estates for years are immediate affets, and reverfions after estates for life are quafi affets, in both of which cafes they are liable to the payment of bond debts. S 14. It has also been ftated, that reversions expectant on estates tail, are affets when they fall into poffeffion; and in fuch case they are liable to the bond debts debts of the person who was the original donor of the reverfion, and to whom the perfon claiming fuch reversion must make himself heir, but not to the bond debts of any of the intermediate heirs, who were entitled to fuch reverfion. Fraudulent § 15. By the statute 3 Will. and Mary, c. 14. f. 2, Statute of S and 3, all devises of lands are declared to be fraudulent and void, as against bond creditors, who may fue the heirs of the obligor, and alfo his devifees jointly. And, it has been determined by Lord Hardwicke, that an estate in reverfion is within this ftatute. And that a devise of the reversion by the heir of the obligor, is also within the act, and in fuch a cafe the lands devised are liable. § 16. By the fifth fection of this ftatute, it is enacted, that where the heir aliens the estate before any action brought, he fhall be anfwerable for the bond debts of his ancestor. But if the heir aliens the land, the obligee of the bond by which the heir is "bound, can have his remedy only against the perfon of the heir, to the amount of the value of the land: but he cannot follow the land, when it is in the poffeffion of a bona fide purchaser. § 17. Where a bond was forfeited, the penalty, which is usually double the fum advanced, became the legal debt; and there was no relief against such penalty, but by application to a court of equity, where the obligee was only allowed to recover his principal, interest, and costs. § 18. Although Vide Kinaf ton v. Clarke, Vide Tit. 1. £. 64. Bull. N. P. 175. Where the exceed the Penalty. 2 Term Rep. 388. 5 18. Although at law there can, in general, be no remedy beyond the penalty, because in that the obligee feems to have taken up his fecurity; yet as it is on the foundation of doing equal juftice to both parties that equity proceeds, it will on any application for a favour from the obligor, compel him to pay the principal, intereft, and cofts, though exceeding R. 492.525. the penalty. Vide 3 Bro. 3 Affignable. 1 Ab. Eq.44. 2 Vern. 428. Of a Recog plance. $ 19. It has been stated, that choses in action are affignable in equity, fo that bonds are affignable. But the affignee takes them subject to the fame equity to which they were liable in the hands of the original obligees. § 20. A recognizance is an obligation of record, which a person enters into before some magistrate, duly authorized, or in a court of record, to do fome particular act, as to appear at the next affifes, to keep the peace, to pay a fum of money, or the like. It is in most respects fimilar to a bond, the difference being chiefly, that a bond is the creation of a new debt, or obligation whereas a recognizance is the acknow ledgment upon record of a former debt. § 21. The form of a recognizance is thus, "That "A. B. doth acknowledge to owe to our fovereign lord "the king, or to C. D. the fum of 100l. with condition "to be void on performance of the thing ftipulated." This being either certified to, or taken by the officer of fome court, it is witneffed only by the officer of that court, and not by the party's feal, fo that it is not, |