Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/356

 340 we conclude, it will not be improper to ubjoin a few remarks upon uch deeds as are ued not to convey, but to charge or incumber, lands, and dicharge them again: of which nature are, obligations or bonds, recognizances, and defeazances, upon them both.

1. obligation, or bond, is a deed whereby the obligor obliges himelf, his heirs, executors, and adminitrators, to pay a certain um of money to another at a day appointed. If this be all, the bond is called a ingle one, implex obligatio; but there is generally a condition added, that if the obligor does ome particular act, the obligation hall be void, or ele hall remain in full force: as, payment of rent; performance of covenants in a deed; or repayment of a principal um of money borrowed of the obligee, with interet, which principal um is uually one half of the penal um pecified in the bond. In cae this condition is not performed, the bond becomes forfeited, or abolute at law, and charges the obligor while living; and after his death the obligation decends upon his heir, who (on defect of peronal aets) is bound to dicharge it, provided he has real aets by decent as a recompene. So that it may be called, though not a direct, yet a collateral, charge upon the lands. How it affects the peronal property of the obligor, will be more properly conidered hereafter.

the condition of a bond be impoible at the time of making it, or be to do a thing contrary to ome rule of law that is merely poitive, or be uncertain, or inenible, the condition alone is void, and the bond hall tand ingle and unconditional: for it is the folly of the obligor to enter into uch an obligation, from which he can never be releaed. If it be to do a thing that is malum in e, the obligation itelf is void: for the whole is an unlawful contract, and the obligee hall take no advantage from uch a tranaction. And if the condition be poible at the time Rh