Blacks Law Dict. 1st ed

BOON DATS

BONO ET MALO

146

by a title not known to the civil law, but in troduced by the praetor, and protected by his imperium or supreme executive power, e. g., where res mancipi had been transferred by mere tradition. Poste's Gaius Inst. 187. See QUIEITARIAN OWNERSHIP. BONO ET MALO. A special writ of jail delivery, which formerly issued of course for each particular prisoner. 4 Bl. Comm. 270. Bonum defendentis ex Integra causa; malum ex quolibet defectu. The suc cess of a defendant depends on a perfect case; his loss arises from some defect. 11 Coke, 68a. Bonum necessarium extra terminos necessitatis non est bonum. A good thing required by necessity is not good be yond the limits of such necessity. Hob. 144. BONUS. A gratuity. A premium paid 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 char ter 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 inter est." 24 Conn. 147. A bonus 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 which would or dinarily be given. 16 WalL 452. B o n u 8 judex secundum eequum et bonum judicat, et eequitatem stricto juri prsefert. A good Judge decides according to what is just and good, and prefers equity to strict law. Co. Litt. 34. BOOK. 1. A general designation applied Lo any literary composition which is printed, but appropriately to a printed composition bound in a volume. 2. A bound volume consisting of sheets of paper, not printed, but containing manu script entries; such as a merchant's account books, dockets of courts, etc. 3. A name often given to the largest subdi visions of a treatise or other literary compo sition. 4. In practice, the name of "book" is given to several of the more important papers pre pared in the progress of a cause, though en tirely written, and not at all in the book form;

such as demurrer-books, error-books, paper books, etc. BOOK DEBT. In Pennsylvania prac tice. The act of 28th March, 1835, § 2, In using the words, "book debt" and "book en tries," refers to their usual signification, which includes goods sold and delivered, and work, labor, and services performed, the evi dence of which, on the part of the plaintiff, consists of entries in an original book, such as is competent to go to a jury, were the is sue trying before them. 2 Miles, 102. BOOK OF ACTS. A term applied to the records of a surrogate's court. 8 East, 187. BOOK OF ADJOURNAL. In Scotch law. The original records of criminal trials in the court of justiciary. BOOK OF BATES. An account or enumeration of the duties or tariffs author ized by parliament. 1 Bl. Comm. 316. BOOK OF RESPONSES. In Scotch law. An account which the directors of the chancery kept to enter all non-entry and re lief duties payable by heirs who take precepts from chancery. BOOKLAND. In English law. Land, also called "charter-land," which was held by deed under certain rents and free services, and differed in nothing from free socage land. 2 Bl. Comm. 90. BOOKS. All 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. BOOKS OF ACCOUNT. The books in which merchants, traders, and business men generally keep their accounts. BOOM. An inclosure formed upon the surface of a stream or other body of water, by means of piers and a chain of spars, for the purpose of collecting or storing logs or timber. BOOM COMPANY. A company formed for the purpose of improving streams for the floating of logs, by means of booms and oth er contrivances, and for the purpose of run ning, driving, booming, and rafting logs. BOON DAYS. In English law. Ce*. tain days in the year (sometimes called "doe days") on which tenants in copyhold were obliged to perform corporal services for the lord. Whishaw.

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