TISSERA v. TISSERA.

Bond conditioned for the payment of money--Prescription--Ordinance, No. 22 of 1871, s. 6-General conventional mortgage-Deed-Bond, 'meaning of.

A document executed in triplicate before a notary and two witnesses, whereby the person executing it acknowledges to have borrowed and received from the person in whose favour it is executed a certain sum of money, and promises to pay the latter the same with interest on demand, and binds all his property generally as security for the debt, is a bond conditioned for the payment of money such as is referred to in. section 6 of Ordinance No. 22 of 1871, and the period within which an action can be maintained on it is ten years.

Per Bonser, C.J.-(1) The document may be considered as a general conventional mortgage, in which case it falls under section 6 of the Ordinance, not with standing the provisions of Ordinance No. 8 of 1871.

(2) The attestation of an instrument by a notary in this Island may be regarded as a solemn act equivalent to the formality of the affixing of their seals by the parties to an English deed. So that, in this Island, a deed may be define