Page:Black's Law Dictionary (Second Edition).djvu/152

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BONITARIAN OWNERSHIP

be exported and sold in the foreign market on the same terms as it it had not been tax- ed. U. S. v. Passavant. 169 U. S. 16, 18 Sup. Ct. 219, 42 L. Ed. 644; Downs v. U. 3.. 113 Fed. 148, 51 C. C. A. 100.

BONITARIAN OWNERSHIP. In Ro- man law. A species of equitable title to things, ns distinguished from a title acquired according to the strict forms of the municipril law; the property of a Roman citi- zen in a subject capahie of quiritary prop- erty, acquired by a title not known to the civil law, but introduced by the printer, and protected by his impcriwuni or supreme ex- ecutive power, 6. 17., where res mavncipd had been transferred by mere tradition. Poste's Gains inst. 187. See QIHRITARIAN OWNER- sun-.

BONO ET MALO. A special writ of jail delivery, which formerly issued of course for each particular prisoner. 4 Bl. Comm. 270.

Bonum deferidentis ex integrn. canon: malum ex quolibel: defect“. The success of a defendant depends on a perfect case; his loss arises from some defect. 11 Coke, (3Sa.

Bonum necesnmrium extra. terininoq neeessitstis non est ‘bonum. A good thing required by necessity is not good beyond the limits of such necessity. Hob. 144.

BONUS. A gratuity. to a grantor or vendor.

An extra consideration given for what is received.

Any premium or advantage; an occasional extra dividend.

A premium paid by a company for a charter or other franchises.

"A definite sum to be paid at one time, for a loan of money for a specified period, distinct from and independently of the interest." Association v. Wilcox, 24 Conn. 147.

A honiis is not a gift or gratuity, but a sum paid for services, or upon some other consideration, but in addition to or in excess of that nhich would ordinarily be given. Keuicott V. Wayne County, 16 “Wall. 452, 21 L. Ed. 319.

A premium paid

Bonus judex uecundum aeqnum at barium judicnt, ei: requitateni stricto juri pr;-efert. A good judge decides according to what is just and good, and DI‘& [ers equity to si;rlct law. 00. Lltt 34.

BOOK. 1. A general designation applied to any llterziry coinpusition which is printed, but appinpriately to a printed composition 'bou_nd in a voiume. Scuvilie v. Toland, 21 Fed. Cas. 864.

2. A bound Volume consisting of sheets or paper, not printed, but containing manu-

144

script entries; such as u mcrchant’s sccount-books, dockets of courts, etc.

3. A name often given to the largest sub- divisions of a treatise or other literary composition.

4. In practice, the name of "book" is given to several of the more important panel‘! prepared in the progress of a cause, than‘ entirely written, and not at all in the buck form; such as demurrer-books, error-booln paper-books, etc.

in copyright law, the meaning of the term is more extensive than in popuLii' usage, for it may l.nclude a pamphlet, 3. magazine, a collection of blank forms, or a single sheet of music or of ordinaiy printing. U. S. v. Bennett. 24 Fed. Cas. 1.03: Stowe v. Thomas, 23 Fed. Cas. 207; White V. Geroch, 2 Barn. & Aid. 301; Brighfley V. Lit-tieton (C. C.) 37 Fed. 104; Holmes v. Hurst, 174 U. S. 82, 19 Sup. Gt. 6%. 43 L. Ed. 901; Clementi v. Gouldlng. 11 Bust. 244; Clayton v. Stone, 5 Fed. Cas. 999.

—Book account. A detailed statement. kept in writing in a hook, in the nature of debits and credits between _persons, arising out oi contract or some fiduciary relation: an account or record of dehit and credit kept in a hook. Taylor v. Horst, 52 Minn. 300, 54 N. W. ‘T34; Stiegiitz. v. Ilfercnntile Co., 76 Mo. App. 250: Kennedy v. Ankrim, Tapp. (Ohio) 40.-Book debt. In Pennsylvania praclice. The act of 28th March. 1895. § 2, in using the words. “book debt" and “book entries,” refers to their usunl signification, which includes goods soid and delivered, and work. lahor, and services performed, the evidence_ of which, on the part of the plainfiif, consists of entries in an original book. such as is competent to go to a jury, were the issue trying before them. Hamill v. O'Donnell, 2 Miles (Pn.) ]02.—Book of acts. A term applied to the records of a SiIl'T‘Og:1te'S court. 8 East, 1S‘i'.—Book of ad- join-nal. In Scotch low. The original roe orrl.-4 of criminal trials in the court of justlrinry —Bnu of original entries. A book in which a merchant keeps his accounts generally and enters therein from day to day a recarrl of his transactions. McKnight v. Nowell, ‘.707 Pu. 562, 57 At]. 39. A hook kegt for the u_r~ pose of charging goods soid an dcliverc , in which the entries are made contemporaneously with the delivery of the goods, and by the person whose duty it was for the time he-ins to mnke thorn. Laird v. Campbcll. 100 Pa 1 Ingrahani v. Bockius, 9 Serg. & 11. (Pa.) 2.‘; 11 Am. Dec. 730; Smith v. Sanford. 1? P (Muss) 1-10, 22 Am. Dec. 415: Brclni,-=; v. Mcitzicr, 23 Pa. 156. Distinguishcd from such books as a ledger, into which entries are pust- ctl a om the book of original entncs.—Book of rates. An account or enumeration of the dutics or tnriifs authorized by parliament. ] ill. Comm. 316-300]: of responses. In Scoidi law. An account which the directors of the chancery kept to enter all non-entry and relief duties payable by heirs who take precepts from chancer_v.—Bouk1nnd. In English law. Land, also called “cbzlrter-land," which was held by dccd under certain rents and free services, and diilcrcd in nothing from free socagc land. Bl. Comm. 90.—Bocks. i the volumes which contain authentic reports of decisions in English courts, from the earliest times to the present, are called, par excellence, “The Books." Wharton.—Buoks of account. The books in winch merdiants, traders, and business mcn generally keep their accounts. I_’iirris v. Bellows, 5'2

Vt. 351; Coin. v. Williams, 9 Meta. (.\is.ss,]