Covenant will lie on a bond in a penalty, - with condition for conveying to the plaintiff half of the Ne-groes that shall be recovered from.a third person, ir. the name of Tooly, but at the expence and under the management of the plaintiff. The defendant's counsel had argued, that a condition, following the penalty of a bond, was so far from being a covenant or engagement on the part of the defendant, that it was insisted expressly for his benefit, and to relieve him from the penalty ; and that he might or might not make use of it at his pleasure*
§>uere of this opinion of the Judge, for it is not law.