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sitting & composing the Court for the County of Augusta & as the Court had no authority of law to require & take such bond, the same so far as your respondent is concerned at least is void & of no obligatory force - To constitute a legal bond there mush be competent obligees as well as obligors - In this case the supposed obligees had no legal competency to take the bond & therefore it is of no binding effect- Your respondents being mere sureties can only be bound by virtue, & to the extent of their bond; & as they received no part of the money, there is no legal or moral obligation on them to be answerable unless they are bound by the supposed bond- in all bonds authorized by law , the privilege is given to the sureties to require counter-security if they find themselves in danger of loss- In this case the bond not being authorized by law it would not have been competent for your respondents to apply to the County Court -, by motion or notice