Page:Black's Law Dictionary (Second Edition).djvu/151

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knowledgment of being bound for money, conditioned to be void on the performance of any duty, or the occurrence of anything therein exprnsed, and subscribed and delivered by the party making it, to take efifcct as his obligation, Whether it be sealed or unsealed; and, when a bond is required by law, an undertaking in writinz without seal shall be sufficient. Rev. Code Miss. 1830. § 19.

'll\e word “bond" has with us a definite legal signifiiation. It has a clause, with a sum fixed as a penalty. binding the parties to pay the szuae. conditioned, hon cl. er. that the 1)a_vn\cut of the penalty may be flV0i(ltd by the performance by some one or more of the parties of curtain acts. In re Fitch, 3 Redf. Sur. (r\. 1'.) 459.

Bonds are either simzle (simple) or double, (conditional) A single! bond is one in which the ohligur binds himself, his heirs. etc., to pay a certain sum of money to another person at a specified day. A double (or conditloual) hood is one to which a condition is added that if the obligor does or torhears from doing some act the obligation shall be void. Formerly such a condition was sometimes contained in a separate instrument, and was then caiied a "dcteasance."

The term is also used to denote debentures or certificates of indebtedness issued by pub- iic and private colporations, governments, and municipalities, as security for the repayment of money loaned to them. Thus, "railway aid bonds" are bonds issued by nnxmcipai curporalions to aid in the construction of railroads iikely to benefit them, and exchanged for the company's stock.

In old Scotch law. slave Skene.

—Bond and disposition in security. In hcolrll law. A brand nnd mortgage on land.— Bond and mortgage. A species of s9(‘\\l‘it (onsisiing of a bond conditioned for the repay- runt of a loan of money, and a naort-,,'-I-.:c of realty to secure the performance of the stipulations of the bnnd. Meigs v. Buntinfl. 141 Pa. ‘:33. 21 At]. 588, 28 Am. St. Rep. 273.—Bom1 creditor. A creditor whose deht is securcd by a lmud.—Bond for title. An obligation ac- mmunnying an exccutory contract for the sale of l-lull, binding the vendor to make good title upon the performance of the conditions which x-nhtle the vendee to demand a conveyance. While v. Stokes, 67 Ark. 134. 53 S. ‘V. l0*i0.— Bond tenants. in English law. Co-pyhoiders and customary tenants are sometimes so called. 2 Bl. Comm, 148.—0flioial bond. A bond given by a public officer, conditioned that he shall well and faithfully perform all the duties of the olhce. The term is sometimes made to include the bonds of executors, guardians, trustees. etc. —Simple ‘bond. At common law, a bond without penalty; 3 bond for the payment of a defi- nite sum of money to a named obligee on demand or on a day certain. Burnside v. Wnnd, 170 M0. ‘.381, 71 S. ‘V. 337, 62 L. R. A. 427. —Single bond. A deed whereby the ohiigor obliges himself, his heirs, executors, and l!,lil.l.\.ll1- istrators, to pay a certain sum of money to the

' at a day named, without terms of de-

A bond-man ; a

ubiigee fcasanee.

BOND, v. To give bond for, as for du- Lia on goods; to secure payment of duties, by giving bond. Bonded, secured by bond. Bonded goods are those for the duties on which houds are given.

BONDAGE. Slavery; involuntary per sonal servitude; captivity. In old English law, vilienage, villein tenure. 2 Bl. Comm. 92.


See Wasa-

BONDSMAN. A surely; one who has entered into a bond as surety. The vnord seems to apply especially to the sureties upon the bonds of officers, trustees. etc, while bail should be reserved for the sureties on rccogmzances and bail—bonds. Haberstich v. Elliott, 189 Ill. 70. 59 N. E. 557.

BONES GENTS. L. Fr. In old English law. Good men, (of the jury.)

BONI HOMINIES. In old European law. Good men; a name given in early Europeun jurisprudence to the tenants of the lord, who judged each other in the lord's courts 3 Bl. Comm. 349.

Bani Judicis est smpliara jurisdictionem. It is the part of a good judge to en- large (or use liberally) his remedial authority or jurisdiction. Ch. Prec. 329; 1 Wils. 234.

Boni judicis est nmpliara justitiam. It is the duty of :1 good judge to enlarge or extend justice. 1 Burr. 304.

Boni judinis est judicium sine dilatiane mnndaro execntiuni. It is the duty of :1 good judge to cause judgment to be ex- ecuted without delay. 00. Litt. 289.

Bond judieis est lites dirimere, no H: ex lite oritur, et interest reipuhlicre nt sint fines litium. IL is the duty of a good judge to prevent litigntions. that suit may not grow out or suit, and it concerns the welfare of a state that an end he put to litigation. 4 Coke, 15!); 5 Coke, 310,.

BONIS CEDERE. In the civil law. To make a transfer or surrender of property, as a debtor did to his creditors. God. 7, 7].

BONIS NON AMOVENDIS. A writ addressed to the sheriff, when a writ of error has been brought, commanding that the person against whom judgment has been obtained -be not suffered to remove his goods till the error be tried and determined. Reg. Orig. 131.

BONIFICATION. The remission of a tax, particularly on goods intended for export, being a special advantage extended by government in aid of trade and manufactures, and having the same effect as a bonus

or drawback. It is a device resorted to for enabling a commodity affected by taxes tom