than the penalty of this bond, or subject to any suit, action or other proceeding thereon that may be instituted later than the 1st day of March, 1924.

4. That, in no event, shall the Surety be liable for any damage resulting from, or for the construction or repair of, any work damaged, or destroyed, by any act of God, or the public enemy, or mobs, or riots, or civil commotion, or by employees leaving the work being done under the contract, on account of so-called "strikes" or labor difficulties.

5. (a) That the Surety shall not be liable for damages to the person of any one, under, or by authority of, any statutory provision for damages or compensation to any employee or otherwise; and (b) That the Surety shall not be obligated to furnish any bond, or obligation, other than the one executed.

IN TESTIMONY WHEREOF, the said Principal has hereunto set his hand and seal, and the said Surety has caused these presents to be signed by its President, thereunto duly authorized, and its corporate seal to be hereunto affixed, attested by its Assistant Secretary, the day and year first above written.

John Doe (L.S.).

Roe Fidelity & Guaranty Co.,
By Richard Roe,
President.

(Seal) Attest:

John Jones,

Assistant Secretary.

No. 381.

Bond to secure performance of agreement to purchase coal.'

Know all men, that the undersigned, Doe Mining Company, a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "Principal"), and the Roe Surety Company, a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Surety"), are held and firmly bound unto the

Cf. Allison v. Wood (1892), 147 Pa. St. 197, 23 Atl. 559, 30 Am. St. Rep. 726.

Koe Coal Company, a corporation, duly organized under the laws of the State of Ohio, and having its principal office at No. 111⁄2 Main Street, Cincinnati, State of Ohio, in the sum of twenty thousand ($20,000) dollars, for the payment of which sum the said Principal and Surety bind themselves, their successors and assigns, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, who is the buyer mentioned and described in the contract hereto annexed, will accept and pay for the coal contracted for under said contract, then this obligation shall be null and void; otherwise to remain in full force and virtue.

Signed and sealed, this 5th day of January, 1923.

Bond to secure performance of agreements between husband and wife, providing for custody of children and for appearing in divorce action in & foreign state.3

KNOW ALL MEN, that John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Principal"), and the Roe Title & Trust Co., a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 372 Broadway, Borough of Manhattan, New

Adapted from LaMoutte v. Title Guaranty & Surety Co. (1917), 221 N. Y. 690, 117 N. E, 1073.

York City (herein called the "Surety"), are held and firmly bound unto Jane Doe, residing at No. 111⁄2 Main Street, Doeville, State of Idaho (herein called the "Obligee"), in the sum of five thousand ($5,000) dollars, lawful money of the United States, to be paid to said Obligee, her executors and administrators, for which payment, well and truly to be made, we do hereby, jointly and severally, bind and obligate ourselves, our heirs, executors, administrators and successors, and each of them, firmly by these presents.

Sealed with our seals, and dated this 5th day of January, 1923. John Doe (L.S.).

Roe Title & Trust Co.,

By Richard Roe,
President.

(Seal) Attest:

Henry Koe,
Secretary.

WHEREAS, a contract, dated January 3, 1923, has been entered into between the Principal and the Obligee, wherein and whereby it is provided that the custody of Anne Doe and Josephine Doe, the children of the marriage of the said Principal and Obligee, shall be divided equally between the parties to said contract, pursuant to its terms and conditions, which contract is hereinafter referred to as "Contract A"; and

WHEREAS, by another certain contract, dated January 4, 1923, between the same parties, hereinafter referred to as "Contract B," wherein the Principal is described as the "First Party," and the Obligee is described as the "Second Party," and wherein in paragraph 2d thereof, the aforesaid "Contract A" is referred to as an agreement "providing for the custody, maintenance and support of the children Anne and Josephine," the said parties agreed, among other things, as follows:

"th. That if the said Second Party appears in the action now pending in the District Court of Idaho, by an attorney duly authorized to appear for him therein, and makes the deposit of the papers as required by this agreement, and if the First Party obtains in said suit now pending in Idaho, an absolute decree of divorce from said Second Party, the First Party hereby covenants and agrees to deliver, at New York City, into the care and custody of the Second Party, the two children, Anne and Josephine, within fifteen

days after the granting of said decree; to be held by said Second Party, pursuant to the terms of the agreement entered into between the parties regarding the custody of the said children"; and

WHEREAS, the Obligee entered into said Contract A and Contract B, upon the Principal's agreement and stipulation therein and thereby, and herein and hereby, evidenced to faithfully carry out and perform all the conditions on the part of the said Principal of said Contract A (with the exceptions hereinafter noted), and of paragraph 7th of said Contract B, and upon the execution and delivery of this undertaking to said Obligee, to pay to said Obligee the sum of five thousand ($5,000) dollars for liquidated damages to said Obligee, by reason of the nonperformance by said Principal of any of the conditions of said Contract A (with the exceptions hereinafter noted) or of paragraph 7th of said Contract B (hereinafter noted in full), on the part of said Principal to be performed:

Now, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the said Principal shall duly and faithfully carry out and perform any and all the conditions of Contract A and of the aforesaid paragraph 7th of Contract B, then this undertaking shall be void; otherwise to remain in full force and effect.

This undertaking is issued upon the express conditions that, upon due proof to said Surety that said Principal has not performed any of the conditions on his part of said Contract A (except those hereinafter noted), or of the aforesaid paragraph 7th of Contract B, and has, upon demand, by registered mail to his address last known to the Obligee, failed to pay to the Obligee the amount of this undertaking, then the Surety agrees to pay the full amount of this undertaking to said Obligee as liquidated damages, which sum is hereby stipulated as liquidated damages, and not as a penalty, by the said Principal and said Surety to the said Obligee.

And upon the further condition, that, if any liability shall accrue on the part of the said Surety by reason of this undertaking, after settlement of the same, the said Surety shall be subrogated to all rights and remedies, which the said Obligee would have against the Principal in this undertaking, or any other person.

This obligation shall continue in force and effect, until September 13, 1923.

PROVIDED, HOWEVER, that if said Obligee shall fail to perform any of the conditions of said Contract A, or of said paragraph 7th,

of said Contract B, on her part to be performed, this undertaking shall be void.

The exceptions in said Contract A hereinbefore referred to are: (1) "The expenses of educating said children shall be borne by the First Party."

(2) "The salaries of the governess shall be borne by the First Party"; and

(3) "The board and lodging of the governess shall be furnished by the party in whose care the children are during the various periods mentioned in this agreement."

And this undertaking shall not be operative with respect to the nonperformance by said Principal of any conditions of any of the aforesaid exceptions.

No waiver by said Principal, or Obligee, of any of his, or her, rights under any provisions of said Contract A, or of paragraph 7th of said Contract B, or of this undertaking, shall operate, directly or indirectly, thereafter to impair any of the rights of said parties under this undertaking, the intention hereof being that such undertaking shall, after such waiver, continue with the same force and effect as if such waiver had not been made.

Bond to secure fidelity of employee.*

KNOW ALL MEN, that we, John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York City, as Principal, and Richard Roe, residing at No. 3712 Broadway, Borough of Manhattan, New York City, as Surety, are held and firmly bound unto the Koe Woolen Company, a corporation, duly organized under the

Adapted from Nye Schneider Fowler Co. v. Barnes (1917), 179 App. Div. 239, 166 N. Y. Supp. 461.