Where the contract of suretyship takes the form of a bond, or in any case where the contract is under seal, delivery and acceptance of the bond is required to complete the contract and to put the bond into effect. The delivery must be unconditional; it may be by actual manual delivery, or it may be made by the surety placing the contract beyond his own control and by the obligee treating such delivery as a true delivery and acting under it. This would be a constructive delivery. Prima facie proof of delivery is made by showing possession by the obligee of the bond. Possession also imports acceptance and approval.3 A promise to answer for the debt of another, where the writing is not in the form of a specialty, need not be delivered; the statute of frauds does not require a delivery of the memorandum of the agreement.

1 Bailey vs. Croft, 4 Taunt., 611.

2 Rouse vs. Mohr, 29 I11. App.,321.

A bond that is not delivered until after the death of the obligor will not be binding on the surety.4 Delivery of a bond to a third person, to be delivered to the obligee, will constitute sufficient delivery to bind the surety.