It also provides that any such instrument may be assigned by endorsement, in the same manner as bills of exchange,' and the assignee may recover the same of the maker by suit in his own name; except that the defendant can set up in answer, any defence to the instrument that arose before he had notice of such assignment." It also provides that the assignee, if he fails to recover of the maker of such bond or other instrument, may recover of the assignor; provided he has used due diligence, by suing the maker within sixty days after the maturity of the obligation; or, the maker absconds within twenty days; or, a suit, if instituted, would have been unavailing." It also provides that fraud or circumvention used in obtaining or making the instrument, shall vitiate the same. A bond, and all written instruments, may be sued on at any time within four years after they become due, but not afterward. But when the party liable dies within that time, claim must be presented to his representatives, within ten months after it becomes due, or the debt will be lost. See chapter on EXECUTORS AND ON ADMINISTRATORS, and see index, LIMITATION OF ACTIONS. A bond required by law, or the provisions of any statute, will be deemed sufficient if it conform substantially to the form prescribed by the statute, and do not vary in any matter, to the prejudice of the rights of the party to whom, or for whose benefit, such bond shall be given. So in California it has been held that where the word plaintiff was by mistake used for defendant, in reciting the condition, the bond was held good;' and that sureties to a bail bond cannot avail themselves in defence to an action thereon of an insufficiency of the justification of the undertaking. A bottomry bond is an obligation founded on the joint security of a ship and its owners, and given for money borrowed, which is to be repaid on the successful termination of a voyage. At home, the bond is executed by the owners, or the master as their agent. In a foreign country, the master has full authority to 1 Wood's Dig. art. 198. 2 id. 199. id. 200. 47 Paige, 50; 26 Wend. 502. 8 Cal. 549. $7 Cal. 402. bind the owners, and pledge the ship and cargo by a bottomry bond, in cases of necessity. Any amount of interest may be exacted, so long as the sea-risk continues, irrespective of the usury laws; but when that terminates, the obligation will only draw legal interest. Respondentia is a contract similar to bottomry, except that the loan is made upon the chance of the safe arrival of the cargo. Like bottomry, it is used in cases of emergency. An alteration of a bond, or other sealed instrument, in a material part, without the consent of the obligor, by any party claiming to recover under it, renders it void; otherwise, if the alteration be made by a stranger, provided the true contents can be made to appear by testimony, though the burden of proof will then be thrown on the party claiming under the instrument. But no alteration or erasure will defeat the recovery of the bond, unless it materially affects the rights or condition of the obligor, or is the result of a fraudulent intent to effect the same object.' Bonds of public officers and other bonds of a special character are treated of under their respective titles. See Index. FORMS. Common Bond with Condition. Know all men by these presents: That I, A. B., of the town of in the county of and state of California, am held and firmly bound unto C. D., of, &c., in the sum of one thousand dollars, lawful money of the United States, to be paid to the said C. D., his executors, administrators, or assigns; for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal. Dated the thousand eight hundred and day of one The condition of the above obligation is such, that if the above bounden A. B., his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the above-named C. D., his executors, administrators, or assigns, the just and full sum of five hundred dollars, in five equal annual payments, from the date hereof, with lawful interest, then the above obligation to be void; otherwise to remain in full force and virtue. A. B. [L. S.] Sealed and delivered, in presence of G. H. 1 2 Cal. 520. Bond to a Corporation. Know all men by these presents: That I, A. B., of, &c., am held and firmly bound, unto the S. F. Gas Company, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said S. F. Gas Company or assigns; for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal. Dated the 'thousand eight hundred and day of one The condition of the above obligation is such, that if the above bounden A. B., his heirs, executors, or administrators, shall well and truly pay or cause to be paid, unto the above-named S. F. Gas Company, or assigns, the just and full sum of, &c. [as in foregoing]. Bond of two Obligors. Know all men by these presents: That we, A. B. and E. F., of, &c., are held and firmly bound unto C. D., of, &c., in the sum of one thousand dollars, lawful money of the United States, to be paid to the said C. D., his executors, administrators, or assigns; for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Bond of Indemnity on paying Lost Note. day of Know all men, &c. [as above] Whereas the said C. D., on the day of 18 did make, execute, and deliver unto the above bounden Á. B., for a valuable consideration, his promissory note, for the sum of one hundred dollars, written due and payable, on or before the then next, with interest, which said promissory note the said A. B., since the delivery of the same to him, as aforesaid, has in some manner, to him unknown, lost out of his possession; and whereas the said C. D. hath this day paid unto the said A. B. the sum of dollars, the receipt whereof the said A. B. doth hereby acknowledge, in full satisfaction and discharge of the said note, upon the promise of the said A. B. to indemnify and save harmless the said C. D. in the premises, and to deliver up the said note, when found, to the said C. D. to be cancelled: Now, therefore, the condition of this obligation is such, that if the above bounden A. B., his heirs, executors, or administrators, or any of them, do and shall, at all times hereafter, save and keep harmless the said C. D., his heirs, executors, and administrators, of, from, and against the promissory note aforesaid, and of and from all costs, dam ages, and expenses that shall or may arise therefrom; and also deliver, or cause to be delivered up, the said note, when found, to be cancelled, then this obligation to be void; else to remain in full force and virtue. Sealed, &c. [as above]. A. B. [L. s.] Bond for Performance, to be Endorsed on a Contract. Know all men, &c. [as in foregoing]. The condition of this obligation is such, that if the above bounden A. B., his executors, administrators or assigns, shall, in all things, stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the within instrument contained, on his or their part to be kept and performed, at the time, and in the manner and form therein specified, then the above obligation shall be void; else to remain in full force and virtue. Sealed, &c. [as in foregoing]. Bond to Produce Bill of Lading. Know all men by these presents: That we, A. B. & C. D., composing the firm of B. & Co., and E. F. & G. H., of city and county of San Francisco, and state of California, are held and firmly bound unto the owners, master and consignees of the ship Ocean Cable, in the penal sum of twenty thousand dollars, to be paid unto the said owners, master, or consignees, their executors, administrators, or assigns, to which payment, well and truly to be made, we do bind ourselves, our heirs, executors and administrators, firmly by these presents. The condition of this obligation is such, that, whereas M. & Co., claim to be the true and lawful consignees of certain goods, wares and merchandise, now on board the ship Ocean Cable, of which they hold no valid bill of lading, now, in consideration of the delivery of said goods to the said B. & Co., by M. & Co., the consignees, of said ship Ocean Cable, without presentation of bill of lading: we, the undersigned, hereby agree to furnish to the said consignees of said ship, within ninety days from the date hereof, a proper bill of lading of said goods, duly filled up to the order of said B. & Co., or in default of furnishing such bill of lading, we hereby agree to hold the said owners, master and consignees of said ship, harmless against the claims for delivery of any party or parties whatsoever, and bind ourselves to pay to the said owners, master or consignees, all loss or damage which they may be called upon to pay in consequence of such delivery of said goods to the said B. & Co. Now, if the said B. & Co., do well and truly fulfil the conditions of the above agreement, then this obligation is to be void and of no effect, otherwise to remain and be in full force and virtue. In witness whereof, we have hereunto set our hands and seals, this day of eighteen hundred and fifty-nine. In presence of A. B. [L. S.] C. D. [L. S. E. F. [L. S.] G. H. [L. S.] Bottomry Bond. Know all men by these presents: That I, A. B., now master and commander of the ship or vessel called the Hercules, of the burden of one thousand tons, or thereabouts, now lying in the port of am held and firmly bound unto Č. D., in the sum of ten thousand dollars, lawful money of the United States of America, to be paid to the said C. D., or to his certain attorney, executors, administrators, or assigns; for which payment well and truly to be made, I bind myself, my heirs, executors and administrators, and also the said vessel, her tackle, apparel and furniture, firmly by these presents. Sealed with my seal, at this day of in the year of our Lord one thousand eight hundred and fifty-nine. Whereas the above bounden A. B. has been obliged to take up and borrow, and hath received of the said C. D., for the use of the said vessel, and for the purpose of fitting the same for sea, the sum of ten thousand dollars, lawful money of the United States of America, which sum is to be and remain as a lien and bottomry on the said vessel, her tackle, apparel and furniture, from the port of on a voyage to the port of , at the rate or premium of per cent. for the voyage. In consideration whereof, all risks of the seas, rivers, enemies, fires, pirates, &c., are to be on account of the said C. D. And for the better security of the said sum and premium, the said master, doth by these presents, hypothecate and assign over to the said C. D., his heirs, executors, administrators and assigns, the said vessel, her tackle, apparel, furniture, &c. And it is hereby declared, that the said vessel Hercules, is thus hypothecated and assigned over for the security of the money so borrowed and taken up as aforesaid, and shall be delivered for no other use or purpose whatever, until this bond is first paid, together with the premium hereby agreed to be paid thereon. Now the condition of this obligation is such, that if the above bounden A. B., shall well and truly pay or cause to be paid, unto the said C. D., or to his attorney legally authorized to re |