Page:Black's Law Dictionary (Second Edition).djvu/150

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


scription of movable goods. Tisdale v. Harris, 20 Pick. (Mass.) 13: Penniman v. French, l7 Pick. (Mass) 40-1, 28 Am. Dec. 309.

“ “ Goods ” ml or for- l'ein,d to the imperial fisu or treasury. 1 Bl. Comm. 299.—Bona at eatalia. Goods and chattels. Movable roperly. This expiession includes all peison things that belong to a man. 16 Mees. 8: W. 6S.—Bona felonnm. In English law. Goods of felons; the goods of one (onviited of felony. 5 Cake. 110.—Bona forisfaota. Goods forfeited.-—Bona fugitive- rum. In English law. Goods of fugitiu-s; the proper goods of him who liies for felony. 5

Fake. ‘l0Jb.—Bnna mnbi is, a the civil law. Movabies. Those things which move themselves

or can be transported from one place to another, and not permanently attached to a farm, herit- age, or buililing.—Bona notahilia. in English probate law. Iwtable goods; property worthy of notice, or of sufficient value to be accounted for. that is, amounting to £5. Where a decedent leaves goods of suificient amount (bomz notabilia) in different dioceses, administration is granted by the metropolitan, to prevent the confusion arising from the appointment of many diiferent administrators. 2 Bl. Comm. 500; Rolie. Aiir. 908. Moore v. Jordan. 36 Kan. 271. 13 Pac. 337, 59 Am. Rep. 550.—Bnns. para-

liex-nalia. In the civil law. The separate property of a married woman other than that which is included in her dowry; more particu- larly, her clothing, jewels, and ornaments. Whiton v Snyder. 39 N. Y. 303. Buns per-itura. Goods of a perishable nature such goods as an executor or trustee must use diligence in disposing of and converting them into money.—Bnnn utlngatorum. Goods of outlaws; goods belonging to persons outlawed.—Bona vseantin. Vacant. uncrtimed, or stray goods. Those things in which nohody claims a property, and which belong to the crown, by virtue of its preroga- iive. 1 Bl. Comm. ?lS.—Bona, waviata. in English law. \\"ai\etl goods; goods stolen and iunnnri. that is, throvsn away by the thief in his flight, for fear of being apprehended, or lo facilitate his escape; and which go to the sovereign. .1 Cake, 10911; 1 Bl. Comm. 296.

{{anchor+|.|BONA. Lat, adi. Good. Used in numer-

ous legal phrases of which the following are the principal: —Bons tides. Good f1ith : integrity of dealing: honesty; sinceriiy; the opposite of male [idea and of dams mniu.r.—Bnnn gestura. Good nbearance or behavior.——Bona gratin. 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 Tayi. Civil Law. 361. 362; Cnlvin.—Bo- ns. memaria. Good memory. Generally used in the phrase mmx mentis et bomt mvzmnrim, of sound mind and good memory, as descriptive of the mental capacity of a testntor_—Bona patria. In the Scotch law. An assize or jury of good neighhois. Bell.

{{anchor+|.|BONA PLDE In or with good faith; honestly. openly, and sincerely: without decell: or fraud.

Truly; actually: without simulation or pretense. innocently; in the attitude of trust and

confidence; without notice of fraud, etc.

The phrase “bomz firle" is often used ambi,':u- ously; 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.

—‘Bon flde purchaser.

A purchaser for l 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 connivnnce at no fraud. pays full price for the property, and in good faith. honestly, and in fair dealing huys and goes into possession Sanders v. McAi‘fee, 42 Ga 250. A bone flde purchaser is one who buys property of another without notice that some third peison 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. Splcer v. Waters. 65 Barb. (N. Y.) 231.

Bonn flde possessor facit frnctiia eon- llunpton suns. By good faith a possessor makes the fruits consumed his own. Tray. Lat. Max. 57.

Bonn. fitles exigit III: qlmd. convanit flat. Good faith demands that what is agreed upon shall he done. Dig. 19, 20, 21; Id. 19, 1. 50; Id. 50, 8, 2, 13.

Bonn fides non patitnr Int his idem ex- igatur. Good faith does not allow us to demand twice the payment of the same thing. Dig. 50, 17. 57; Broom, Max. 338, note; Periae v. Dunn, 4 Johns. Ch. (N. Y.) 1-13.

{{anchor+|.|BONE FIDEI. In the civil law. v Of

good faith; in good faith. This is a more frequent form than bomz fide. —Bonae fldei 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 Kamcs. Eq. 2(J(i.—Bonse fldei emptor. A purchaser in good faith. One who either was ignorant that the thing he bought he- longed to another or supposed that the seller had a right to sell it. Dig. 50. 16. 109. See Id. 6. 2. 7, I1.—“ fitlei possessor. A possussor in good faith. One who believes that no other poison has a better right to the possession than himself. Mackeld. Rom. Law, 13' 2-13

Bolus fldei possessor inid tnnhun quad sesa pervensrit tenetur. A possessor In good faith is only liable for that which he himself has obtained. 2 Inst. 285.

{{anchor+|.|BOND, ii. A contract by specialty to pay a certain sum of money; being a deed or instrunient under seal, by which the maker or ohiigor promises, and thereto binds him- self, his heirs. executors, and administrators, to pay a desimiatcd 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. Ruudle. 100 Fed. 403. 4|) C. C. A. 450; Turck V. Mining ('13.. 8 F010. 113. 5 Pac. 88; Boyd v. Boyd. 2 Nott & McC. (S. C.) 126.

The word "hand" shall emhi-are every written

undertaking for the payment of money or ac-