Blacks Law Dict. 1st ed

145 BONITABIAN OWNERSHIP

BOND

BONDAGE. Slavery; involuntary per sonal servitude; captivity. In old English law, villenage, villein tenure. 2 Bl. Comm. 92. BONDED WAREHOUSE. HOUSE SYSTEM. See WARE BONDSMAN. A surety; one who has entered into a bond as surety. The word seems to apply especially to the sureties upon the bonds of officers, trustees, etc., while bail should be reserved for the sureties on recog nizances and bail-bonds. BONES GENTS. L. Fr. In old glish law. Good men, (of the jury.) En BONI HOMINES. In old European law. Good men; a name given in early European jurisprudence to the tenants of the lord, who judged each other in the lord's courts. 3 Bl. Comm. 349. Boni judicis est ampliare jurisdiction em. It is the part of a good judge to enlarge (or use liberally) his remedial authority or jurisdiction. Ch. Prec. 329; 1 W-ils. 284. Boni judicis est ampliare justitiam. It is the duty of a good judge to enlarge or extend justice. 1 Burr. 304. Boni judicis est judicium sine dila tione mandare executioni. It is the duty of a good judge to cause judgment to be exe cuted without delay. Co. Litt. 289. Boni judicis est lites dirimere, ne Us ex lite oritur, et interest reipublicse ut sint fines litium. It is the duty of a good judge to prevent litigations, that suit may not grow out of suit, and it concerns the welfare of a state that an end be put to liti gation. 4 Coke, 156/ 5 Coke, 31a. BONIS CEDERE. In the civil law. To make a transfer or surrender of property, as a debtor did to his creditors. Cod. 7, 71. BONIS NON AMOVENDIS. A writ addressed to the sheriff, when a writ of error has been brought, commanding that the per son against whom judgment has been ob tained be not suffered to remove his goods till the error be tried and determined. Beg. Orig. 131. BONITARIAN OWNERSHIP. In Roman law. A species of equitable title to things, as distinguished from a title acquired according to the strict forms of the munici pal law; the property of a Roman citizen in a subject capable of quiritary property, acquired

to be void on the performance of any duty, or the occurrence of anything therein expressed, and sub scribed and delivered by the party making it, to take effect as his obligation, whether it be sealed or unsealed; and, when a bond is required by law, an undertaking in writing without seal shall be suf ficient. Rev. Code Miss. 1880, $ 19. The word "bond" has with us a definite legal signification. It has a clause, with a sum fixed as a penalty, binding the parties to pay the same, con ditioned, however, that the payment of the penalty may be avoided by the performance by some one or more of the parties of certain acts. S Redf. Sur. 459. Bonds are either single (simple) or double, (conditional.) A single bond is one in which the obligor binds himself, his heirs, etc., to pay a certain sum of money to another person at a specified day. A double (or conditional) bond is one to which a condition is added that if the obligor does or forbears from doing some act the ob ligation shall be void. Formerly such a con dition was sometimes contained in a separate instrument, and was then called a "defea sance. " The term is also used to denote debentures or certificates of indebtedness issued by pub lic and private corporations, governments, and municipalities, as security for the repay ment of money loaned to them. Thus, " rail way aid bonds" are bonds issued by munici pal corporations to aid in the construction of railroads likely to benefit them, and exchanged for the company's stock. BOND. In old Scotch law. A bond-man; a slave. Skene. BOND, v. To give bond for, as for du ties on goods; to secure payment of duties, by giving bond. Bonded, secured by bond. Bonded goods are those for the duties on which bonds are given. BOND AND DISPOSITION IN SE CUBITY. In Scotch law. A bond and mortgage on land. BOND AND MORTGAGE. A species of security, consisting of a bond conditioned for the repayment of a loan of money, and a mortgage of realty to secure the performance of the stipulations of the bond. BOND CREDITOR. A creditor whose debt is secured by a bond. BOND TENANTS. In English law. Copyholders and customary tenants are some times so called. 2 Bl. Comm. 148. AJC.DIOT.LAW—10

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