KFLCC Kingdom Law 2nd Ed.

142

BOND

BONA

value, or it may mean a holder for real value without notice of any fraud, etc. Byles, Bills, 121. —Bona fide purchaser. A purchaser for a valuable consideration paid or parted with in the belief that the vendor had a right to sell, and without any suspicious circumstances to put him on 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 connivance at no fraud, pays full price for the property, and in good faith, honestly, and in fair dealing buys and goes into possession. Sanders v. McAffee, 42 Ga. 250. A bona fide purchaser is one who buys property of another without notice that some third person 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. Spicer v. Waters, 65 Barb. (N. Y.) 231. Bona fide possessor facit fructns con snmptos snos. By good faith a possessor makes the fruits consumed his own. Tray. Lat Max. 57. Bona fides exigit nt qnod convenit fiat. Good faith demands that what is agreed up on shall be done. Dig. 19, 20, 21; Id. 19, 1, 50; Id. 50, 8, 2, 13. Bona fides non patitnr ut bis idem ex igatnr. Good faith does not allow us to de mand twice the payment of the same thing. Dig. 50, 17, 57; Broom, Max. 338, note; Perine v. Dunn, 4 Johns. Ch. (N. Y.) 143. In the civil law. Of good faith; in good faith. This is a more frequent form than bona fide. — Bonse fidei contracts. In civil and Scotch law. Those contracts in which equity may in terpose to correct inequalities, and to adjust all matters according to the plain intention of the parties. 1 Karnes, Eq. 200.— Bonse fidei emp tor. A purchaser in good faith. One who ei ther was ignorant that the thing he bought be longed to another or supposed that the seller had a right to sell it. Dig. 50, 16, 109. See Id. 6, 2, 7, 11.— Bonse fidei possessor. A pos sessor in good faith. One who believes that no other person has a better right to the possession than himself. Mackeld. Rom. Law, § 243. Bonse fidei possessor in id tantnm qnod sese pervenerit tenetnr. A possessor in good faith is only liable for that which he himself has obtained. 2 Inst 285. BOND, n. A contract by specialty to pay a certain sum of money; being a deed or Instrument under seal, by which the maker or obligor promises, and thereto binds him self, his heirs, executors, and administra tors, to pay a designated sum of money to another; usually with a clause to the ef fect that upon performance of a certain condition (as to pay another and smaller sum) the obligation shall be void. U. S. v. Rundle, 100 Fed. 403, 40 O. C. A. 450; Turck v. Mining Co., 8 Colo. 113, 5 Pac. 838; Boyd v. Boyd, 2 Nott & McC. (S. C.) 126. The word "bond" shall embrace every written undertaking for the payment of money or ac- BONiE FIDEI.

scriptton of movable goods. Tlsdale v. Har ris, 20 Pick. (Mass.) 13; Penniman v. French, 17 Pick. (Mass.) 404, 28 Am. Dec 309. —Bona eonfiscata. Goods confiscated or for feited to the imperial ftso or treasury. 1 Bl. Gomm. 209.— Bona et catalla. Goods and chattels. Movable property. This expression includes all personal things that belong to a man. 16 Mees. & W. 68.— Bona felonum. In English law. Goods of felons; the goods of one convicted of felony. 5 Coke, 110.— Bona for isfacta. Goods forfeited.— Bona fugitivo rnm. In English law. Goods of fugitives; the proper goods of him who flies for felony. 5 Coke, 1096.— Bona mobilia. In the civil law. Movables. Those things which move themselves or can be transported from one place to another, and not permanently attached to a farm, herit age, or building.— Bona notabilia. In Eng lish probate law. Notable goods; property wor thy of notice, or of sufficient value to be ac counted for, that is, amounting to £5. Where a decedent leaves goods of sufficient amount (bona notabilia) in different dioceses, administration is granted by the metropolitan to prevent the confusion arising from the appointment of many different administrators. 2 Bl. Comm. 509; Rol le, Abr. 908. Moore v. Jordan, 36 Kan. 271, 13 Pac. 337, 69 Am. Rep. 550.— Bona para phernalia. 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. Whi ton v. Snyder, 88 N. Y. 303.— Bona peritura. Goods of a perishable nature ; such goods as an executor or trustee must use diligence in dispos ing of and converting them into money.— Bona utlagatorom. Goods of outlaws; goods be longing to persons outlawed.— Bona vacantia. Vacant, unclaimed, or stray goods. Those things in which nobody claims a property, and which belong to the crown, by virtue of its preroga tive. 1 Bl. Comm. 298.— Bona waviata. In English law. Waived goods; goods stolen and waived, that is, thrown away by the thief in his flight, for fear of being apprehended, or to facili tate his escape; and which go to the sovereign. 5 Coke, 1096; 1 Bl. Comm. 296. Good. Used In numer ous legal phrases of which the following are the principal: —Bona fides. Good faith; integrity of dealing; honesty; sincerity; the opposite of mala fides and of dolus mains. — Bona gestura. Good abearance or behavior.— Bona gratia. 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 mere pre texts. Tayl. Civil Law, 361, 362: Calvin.— Bo na memoria. Good memory. Generally used in the phrase sance mentis et bonce memoriae, of sound mind and good memory, as descriptive of the mental capacity of a testator.— Bona patria. In the Scotch law. An assize or jury of good neighbors. Bell. In or with good faith; honestly, openly, and sincerely; without de ceit or fraud. Truly; actually; without simulation or pretense. Innocently; in the attitude of trust and confidence; without notice of fraud, etc. The phrase "bona fide" is often used ambigu ously ; thus, the expression "a bona fide holder for value" may either mean a holder for real value, as opposed -to a holder for pretended BONA. Lafc adj. BONA FIDE.