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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.]
E. F. [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
L. M.

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 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 per cent.

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to the port of at the rate or premium of 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

,

ceive the same, his or their executors, administrators and assigns,
the just and full sum of one thousand dollars, lawful money as
aforesaid, being the sum borrowed, and also the premium afore-
said at or before the expiration of thirty days after the arrival
of the said vessel at the said port of
then this obliga-
and of no effect,
Having signed and
date, one of which
of no effect.
A. B. [L. S.]

tion, and the said hypothecation, to be void
otherwise to remain in full force and virtue.
executed these bonds of the same tenor and
being accomplished, the others to be void and
Signed, sealed and delivered
in the presence of E. F.

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Bond of Indemnity.

Know all men by these presents: That I, Cornelius Vanderbilt, of the city of New York, in the state of New York, am held and firmly bound unto Albert Dibblee, of the city of San Francisco, in the state of California, in the sum of five thousand two hundred and seventy-five dollars, lawful money of the United States of America, to be paid to the said Albert Dibblee, his executors, administrators or assigns, for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators, finally by these presents. Sealed with my seal. Dated day of January, in the year of our Lord one thousand eight hundred and fifty-eight.

the

Whereas heretofore, one B. Frederick Moses filed his bill in the District Court of the United States, for the northern district of California, against the steamship Cortes, upon cause of action alleged to have accrued to him in the early part of the year 1856, and whereas such proceedings were afterward had in said cause in said court, that a judgment or decree was made and entered therein, on the 29th day of December, A. D. 1857, that the said Moses do recover in said action the sum of two thousand four hundred and fifty-nine dollars, for his damages therein, and also the sum of one hundred and seventy-one dollars and fifty cents, for his costs of said action, and that the said steamship be condemned and sold to satisfy him for his said damages and costs, and whereas at the time when said alleged cause of action accrued, the above bounden obligor was the mortgagee and owner of the said steamship, and liable ever for the payment of such damages and costs. And whereas an appeal has been taken from the said judgment or decree, to the Circuit Court of the United States for the districts of California, and whereas the said above bounden obligor has applied to the above-named obligee to become one of the sureties in the stipulation to be given on the said appeal, to stay the execution of said decree, and abide the judg ment and decree of the appellate, and whereas the said obligee

hath consented to become such surety, upon being indemnified against all loss or damage by reason thereof, and hath executed and acknowledged the necessary stipulations on such appeal.

Now the constitution of this obligation is such, that if the said obligor, the said Cornelius Vanderbilt, and his heirs, executors, and administrators, shall and do at all times hereafter, well and truly save and keep the said obligee, Albert Dibblee, his executors and administrators, harmless of and from all actions, costs, damages and counsel fees, of and from and by reason of or growing out of such suretyship, and shall well and truly repay, or cause to be repaid, to the said obligee, his executors or administrators, on demand, any and all such sum and sums of money that he may be required to pay as such surety as aforesaid, then this obligation to be void; else to remain in full force and virtue. C. VANDERBILT. [L. S.] By A. B., his Attorney in fact. Sealed and delivered in the presence of M. N.

Legatee's Bond.

Know all men by these presents: That we, A. B., principal, and C. D. and O. P., of, &c., are held and firmly bound unto E. F. and L. M., of, &c., executors of the last will and testament of S. T., deceased, late of the town of in the sum of

one thousand dollars, lawful money of the United States, to be paid to the said E. F. and L. M., executors, as aforesaid, the survivors or survivor, or his or their 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.

Sealed with our seals. Dated the thousand eight hundred and

day of

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Whereas, in and by the last will and testament of the said S. T., deceased, a legacy of one thousand dollars is bequeathed to the said A. B., which has been paid to him by the said E. F. and L. M., executors as aforesaid:

Now the condition of this obligation is such, that if any debts. against the deceased, above named, shall duly appear, and which there shall be no other assets to pay, and if there shall be no other assets to pay other legacies, or not sufficient, then the said A. B. shall refund the legacy so paid, or such ratable proportion thereof, with the other legatees of the deceased, as may be necessary for the payment of such debts, and the proportional parts of other legacies, if there be any, and the costs and charges incurred by reason of the payment of the said A. B.; and that if the probate of the will of the said deceased be revoked, or the

will declared void, then the said A. B. shall refund the whole of the legacy, with interest, to the said E. F. and L. M., their exec

utors, administrators, or assigns.

Sealed, &c. [as above].

A. B. [L. S.]

C. D. [L. 8.]
O. P. [L. S.]

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