scription of movable goods. Tisdale v. Harris, 20 Pick. (Mass.) 13; Penniman v. French, 17 Pick. (Mass) 404, 28 Am. Dec. 309.
—Bona confiscata. Goods confiscated or forfeited to the imperial fisc or treasury. 1 Bl. Comm. 299.—Bona et catalla. Goods and chattels. Movable property. This expression includes all personal things that belong to a man. 16 Mees. & W. 68.—Bona felonum. In English law. Goods of felons; the goods of one convicted of felony. 5 Coke, 110.—Bona forisfacta. Goods forfeited.—Bona fugitivorum. In English law. Goods of fugitives; the proper goods of him who flies for felony. 5 Coke, 109b.—Bona mobilia. In the civil law. Movables. Those things which move themselves or can be transported from one place to another, and not permanently attached to a farm, heritage, or building.—Bona notabilia. In English probate law. Notable goods; property worthy of notice, or of sufficient value to be accounted for, that is, amounting to £5. Where a decedent leaves goods of sufficient amount (bona notabilia) in different dioceses, administration is granted by the metropolitan, to prevent the confusion arising from the appointment of many different administrators. 2 Bl. Comm. 509; Rolle, Abr. 908. Moore v. Jordan, 36 Kan. 271, 13 Pac. 337, 59 Am. Rep. 550.—Bona paraphernalia. In the civil law. The separate property of a married woman other than that which is included in her dowry; more particularly, her clothing, jewels, and ornaments. Whiton v. Snyder, 88 N. Y. 303.—Bona peritura. Goods of a perishable nature; such goods as an executor or trustee must use diligence in disposing of and converting them into money.—Bona utlagatorum. Goods of outlaws; goods belonging to persons outlawed.—Bona vacantia. Vacant, unclaimed, or stray goods. Those things in which nobody claims a property, and which belong to the crown, by virtue of its prerogative. 1 Bl. Comm. 298.—Bona waviata. In English law. Waived goods; goods stolen and waived, that is, thrown away by the thief in his flight, for fear of being apprehended, or to facilitate his escape; and which go to the sovereign. 5 Coke, 109b; 1 Bl. Comm. 296.
BONA. Lat, adj. Good. Used in numerous legal phrases of which the following are the principal:
—Bona fides. Good faith; integrity of dealing; honesty; sincerity; the opposite of mala fides and of dolus malus.—Bona gestura. Good abearance or behavior.—Bona gratia. In the Roman law. By mutual consent; voluntarily. A term applied to a species of divorce where the parties separated by mutual consent; or where the parties renounced their marital engagements without assigning any cause, or upon more pretexts. Tayl. Civil Law, 361, 362; Calvin.—Bona memoria. Good memory. Generally used in the phrase sanæ mentis et boneæ memoriæ, of sound mind and good memory, as descriptive of the mental capacity of a testator.—Bona patria. In the Scotch law. An assize or jury of good neighhors. Bell.
BONA FIDE. In or with good faith; honestly, openly, and sincerely; without deceit or fraud.
Truly; actually; without simulation or pretense.
Innocently; in the attitude of trust and confidence; without notice of fraud, etc.
The phrase "bona fide" is often used ambiguously; thus, the expression "a bone fide holder for value" may either mean a holder for real value, as opposed to a holder for pretended value, or it may mean a holder for real value without notice of any fraud, etc. Byles, Bills, 121.
—Bona fide purchaser. A purchaser for a valuable consideration paid or parted with in the belief that the vendor had a right to sell, and without any suspicious circumstances to put him an inquiry. Merritt v. Railroad Co., 12 Barb. (N. Y.) 605. One who acts without covin, fraud, or collusion; one who, in the commission of or connivance at no fraud, pays full price for the property, and in good faith, honestly, and in fair dealing buys and goes into possession. Sanders v. McAffee, 42 Ga 250. A bone fide purchaser is one who buys property of another without notice that some third person has a right to, or interest in, such property, and pays a full and fair price for the same, at the time of such purchase, or before he has notice of the claim or interest of such other in the property. Spicer v. Waters, 65 Barb. (N. Y.) 231.
Bonn fide possessor facit fructus consumptos suos. By good faith a possessor makes the fruits consumed his own. Tray. Lat. Max. 57.
Bona fides exigit ut quod convenit fiat. Good faith demands that what is agreed upon shall be done. Dig. 19, 20, 21; Id. 19, 1, 50; Id. 50, 8, 2, 13.
Bona fides non patitur ut bis idem exigatur. Good faith does not allow us to demand twice the payment of the same thing. Dig. 50, 17. 57; Broom, Max. 338, note; Perine v. Dunn, 4 Johns. Ch. (N. Y.) 143.
BONÆ FIDEI. In the civil law. Of good faith; in good faith. This is a more frequent form than bona fide.
—Bonæ fidei contracts. In civil and Scotch law. Those contracts in which equity may interpose to correct inequalities, and to adjust all matters according to the plain intention of the parties. 1 Kames, Eq. 200.—Bonæ fidei emptor. A purchaser in good faith. One who either was ignorant that the thing he bought belonged to another or supposed that the seller had a right to sell it. Dig. 50, 16, 109. See Id. 6, 2, 7, 11.—Bonæ fidei possessor. A possessor in good faith. One who believes that no other person has a better right to the possession than himself. Mackeld. Rom. Law, § 243.
Bonæ fidei possessor in id tantum quod sese pervenerit tenetur. A possessor in good faith is only liable for that which he himself has obtained. 2 Inst. 285.
BOND, n. A contract by specialty to pay a certain sum of money; being a deed or instrument under seal, by which the maker or obligor promises, and thereto binds himself, his heirs, executors, and administrators, to pay a designated sum of money to another; usually with a clause to the effect that upon performance of a certain condition (as to pay another and smaller sum) the obligation shall be void. U. S. v. Rundle, 100 Fed. 403, 40 C. C. A. 450; Turck v. Mining Co., 8 Colo. 113, 5 Pac. 838; Boyd v. Boyd, 2 Nott & McC. (S. C.) 126.
