Page images
PDF
EPUB

that if the said (principal) shall, so long as he shall remain as such head or managing clerk in the service or employment of the said (obligees), or the survivor of them, or other the person or persons for the time being constituting the said firm of (style of firm), diligently and faithfully serve them, and devote his whole time and attention to the affairs and management of their business, in such manner as they shall direct; AND shall keep all their secrets, and give them full and accurate information respecting all letters, writings, papers, and occurrences whatsoever, which shall come to his hands, knowledge or observation, concerning the said business; AND shall keep all the cash accounts, books, letters, deeds, writings and papers, and carry on all correspondence relating to the said concern, in a regular, proper and business-like manner; AND shall from time to time render unto the said (obligees), or the survivor of them, or other the person or persons for the time being constituting the said firm, a true account of all such cash, bills, notes and other securities, as shall from time to time come, or which, without his own wilful default, might have come, to his hands; AND shall not embezzle, conceal, waste or destroy, or wilfully or knowingly permit or suffer to be embezzled, concealed, wasted or destroyed by any person or persons whomsoever, any of the moneys, property or effects belonging to the said (obligees) or the survivor of them, or other the person or persons for the time being constituting the said firm; AND shall, to the best of his ability, cause all the servants, inferior clerks, porters, labourers, and all other persons employed in the said business, to discharge their respective duties in a proper manner, and report any misconduct on their respective parts to some member of the said firm, as soon as conveniently may be after the discovery thereof; AND ALSO shall in all things conduct himself diligently and faithfully as the head and managing clerk in the said business, THEN the said bond to be void, otherwise to continue in full force and virtue.

No. III.

Bond with two Sureties for the faithful Discharge of Chief Clerk.

the Duties of a

No. IV.

BOND WITH TWO SURETIES FOR THE FAITHFUL DISCHARGE
OF THE DUTIES OF AN ASSISTANT OR SHOPMAN.

1. Recital that shopman has entered

into his employer's service, and

become bound for the faithful discharge of his duties.

of agreement that sureties are to 2. Condition.

Recital that shopman has entered into

his employer's

[INSERT exordium, with two sureties, ut ante, Section II., No. X., clause 1, p. 552.]

1. WHEREAS the said (shopman) has entered into a contract with the said (tradesmen), to continue with him as a hired servant, service, and of shopman, or assistant in his trade or business of a [STATE nature agreement that of business], so long as the said (tradesman), (a) his executors or administrators, and (shopman), shall mutually agree upon, IN CONSIDERATION of which, the said (two sureties) have agreed to concur with the said (shopman) in giving a bond with the condition to the effect hereunder written.

sureties are to

become bound

for the faithful discharge of his duties.

Practical

suggestions.

(a) It must be kept in mind that the above security will only be binding so far as relates to the obligee and his representatives, and will not extend to a subsequent partnership. If, therefore, it is intended that such security should be so extended, it will be necessary to insert here, and substitute throughout the remainder of the precedent, whenever the obligee's name is mentioned, the expressions

"or other the person or person for the time being constituting the said firm of A. & Co."

Duties of

2. NOW THE CONDITION of the above-written bond is such, No. IV. that if the said (shopman) shall, from time to time, and at all times Bond with two Sureties for the during the continuance of his service with the said (tradesman), faithful diligently and faithfully discharge his duties as such servant, Discharge of the shopman or assistant as aforesaid; AND if the said (sureties), or an Assistant or Shopman. either of them, their or either of their heirs, executors or administrators, do and shall from time to time, and at all times hereafter, Condition. well and sufficiently protect, save harmless, and keep indemnified the said (tradesman), his heirs, executors and administrators, and his and their lands and tenements, goods and chattels, of, from and against all losses, costs, damages and expenses, which the said (tradesman), his heirs, executors or administrators shall or may incur, bear, sustain or be put unto, for or on account of the said (tradesman), employing the said (shopman) in his said trade or business; or by reason of any embezzlement, neglect, mismanagement, default or loss (whether wilful or otherwise), which shall or may be made, occasioned or incurred by the said (shopman), of any of the moneys, bills, bonds, securities, goods, wares, merchandizes, or other property, stock-in-trade, and effects which shall or may, from time to time or at any time, be entrusted by the said (tradesman), his executors or administrators, to the said (shopman), or which shall come into his hands, or be under or subject to his management or control in the course of the said business as such servant, shopman or assistant as aforesaid, THEN the above-written bond to be void, otherwise to continue in full force and virtue.

No. V.

BOND WITH TWO SURETIES TO SECURE THE BALANCE OF A
BANKING ACCOUNT.

secure the balance of a running

account.

1. Recital that sureties have agreed to

become bound with obligor to

2. Condition.

Recital that sureties have agreed to become bound

with obligor to secure the

balance of a running

account.

Condition.

[INSERT exordium, with two sureties, ut ante, Section II., No. X., clause 1, p. 552.]

1. WHEREAS the above-named (sureties) have, at the request of the above-bounden (obligor), and in order to secure any sum or sums of money which shall or may at any time hereafter become due from the said (obligor) to the said (obligees) on the balance of an account which the said (obligor) hath opened with the said (obligees), not exceeding in the whole the sum of £

,

agreed

to enter into a bond in the penalty as above expressed, conditioned as hereunder written.

2. NOW THE CONDITION of the above-written bond is such, that if the above-bounden (obligor), his heirs, executors or administrators, shall, on demand, or within three calendar months next after notice, either by letter or writing, signed by the said (obligees), or the survivors or survivor of them, or his or their partner or partners, or other the person or persons for the time being constituting the firm of the said banking house, or any clerk or other person by their or his authority and on their or his behalf addressed to the said (obligor), his heirs, executors or adminis

[ocr errors]

No. V.

Bond with

two Sureties, to secure the

Banking
Account.

trators, or any of them, or left at his or their usual or last place of abode or business in England, pay, or cause to be paid unto the said (obligees), or the survivors or survivor of them, or their or his partner or partners, or other the person or persons for the time balance of a being constituting the firm of the said banking-house, all such sum and sums of money, not exceeding in the whole the sum of £ as shall be owing to the said banking firm from the said (obligor) on such balance of account as aforesaid; AND ALSO if the said (obligor), his heirs, executors or administrators, do and shall from time to time well and sufficiently protect, save harmless, and keep indemnified the said (obligees), and the survivors and survivor of them, their or his partner or partners, or other the person or persons for the time being constituting the firm of the said banking-house, and their and his lands and tenements, goods and chattels, of, from, and against all losses, damages, costs and expenses, which they, or the survivors or survivor of them, their or his partner or partners, or other the person or persons for the time being constituting the firm of the said banking-house, shall or may incur, sustain, pay, or be put unto, on account of any drafts, bills of exchange, or promissory notes, drawn, accepted or endorsed, by the said (obligor), and paid in by him to the said banking firm upon his said banking account, not exceeding in the whole the said sum of £ THEN the abovewritten bond to be void, otherwise to continue in full force and virtue.

[ocr errors]
« PreviousContinue »