, 1872-07-11
the bond must be construed in accori-
ance with that section.

ance with that section.
But an examination Of that statute
clearly shows that the section oaly refers
to bonds required to be executed under
the provisions of the Civil Practice Act,
such as bonds in attachment, repleviA
and the like.
The bond IN the case as bar is Tot re-
qaired to be executed by any of thu pro
.isiens Of the Pr lc.ise Act, hence sec
ton 69t is not applicable in its construe
ftion.
But the first section Of the Practice
Act declares. that tie Common Law of
England. in 80 far as the same Is not
repugnant to the Constitution and laws
Of the Uuited States and the laws of this
Territory, shall be the rule of decision
in all the Courts of this Territory.
This clearly settles the question as to
the rules applicable to the case before
US, and there is no doubt but that we
must hook to the Common Law of Eng
land. rs modified by the decisions in the
United States and the laws of this Ter
ritory, to determine what bond is;
with what soiemnity it may BE- executed,
what are lis essential PARIS, and what
will avoid it. and as the statute has de-
;ermined none of tn Sc questions, we
are left TO the common law rules.
Counsel have ably presented the ease,
and been elaborate in citing authorities
touching the questions presented, and
thereby materially assisted the Court in
rendering decisiCn IN the case.
In the discussion of the case l shall
notice only the leading authorities which
were ut hand.
"A bond is a deed whereby the obli-
gor obliges himself, his heirs, executors
aud administrators to pay certain sum
of money to another at IL day appointed.
but there is generally a condlllon addea
that, if the obligor shall pay Il smaller
sum or do some particular act. the obiI-
cation sh;,lI By void. The word bond
er ci-termini imports seated lnst ruruent,
must be in writing and delivered by the
party executing II to the other, either in
person or by attorney. - Bourier Lac
Dictioaary-Bonss.
The Legislature. then. in providing
that the Treasurer shall give bond. is
presumed to have used the word as de-
fined by common law, as above stated,
and it is necessary in every such bond
That there be obligors, to wit: the Trea-
surer and his sureties. That there be IL
penal sum fixed by the Board. and set
81 III the bond. That there be an OBJ
l!iyee, to wit: the County. That it be in
writing, signed and sealed by the obi
gors aud delivered to the County, and
approved by the Board OF County COM
missiOners.
Have all these requisites been COM
plied with AS to the bond il the case be-
fore us?
The ancient rule ON this question Of
altering bond, aft the signing and
urlivery. Is stated IN Coke nt,uu Little
ton. 55 b. uoie7:
|
Obi. .atI,n with IA Condition to save
Tracy haimiess. with blank; II stranger
after delivery. fills up the blank, with II
hrlstlan Halle, by esliasnt of the obi
a'.' sr' "ol.',S'" /" "S'''d 'I'' "'s''' oe-
hi'l Justice .h'''eii"lih oh''td States
ftii'' u ~ = : SOCK b. cl e.
WITH h'' ai5pr"FA! P"fki"' rs, t. vii:
Il Il COMMON iirrsan >-;l an pbiga-
Il H. "''n"n' Any W ting IA 1t. a'Hd de-
-, ~. ~ q n'"n' "i
standing. the Stranger make II 10 be
aii;eu, ilat hc who seeded AID 1eliyer-
go ms Sa 'i.'' ''-,o nm J. "hFh" 'n @ Il III
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