KFLCC Kingdom Law 2nd Ed.

143

BOND

BONIFICATION

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

knowledgment of being bound for money, con ditioned to be void on the performance of any duty, or the occurrence of anything therein ex pressed, and subscribed 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 writ ing without seal shall be sufficient. 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, conditioned, however, that the payment of the penalty may be avoided by the performance by some one or more of the parties of certain acts. In re Fitch, 3 Redf. Sur. (N. Y.) 459. Bonds are either single (simple) or double, (conditional.) A single bond is one in which the obligor binds himself, Tiis heirs, etc., to pay a certain sum of money to another per son at a specified day. A double (or condi tional) bond is one to which a condition is added that if the obligor does or forbears from doing some act the obligation shall be void. Formerly such a condition was some times contained in a separate instrument, and was then called a "defeasance." 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 re payment of money loaned to them. Thus, "railway aid bonds" are bonds issued by municipal corporations to aid in the con struction of railroads likely to benefit them, and exchanged for the company's stock. In old Scotch law. A bond-man; a slave. Skene. —Bond and disposition in security. In Scotch law. A bond and mortgage on land.— Bond and mortgage. A species of security, consisting of a bond conditioned for the repay ment of a loan of money, and a mortgage of realty to secure the performance of the stipula tions of the bond. Meigs v. Bunting, 141 Pa. 233, 21 Atl. 588, 23 Am. St. Rep. 273.— Bond creditor. A creditor whose debt is secured by a bond.— Bond for title. An obligation ac companying an executory contract for the sale of land, binding the vendor to make good title upon the performance of the conditions which entitle the vendee to demand a conveyance. White v. Stokes, 67 Ark. 184, 53 S. W. 1060.— Bond tenants. In English law. Copyholders and customary tenants are sometimes so called. 2 Bl. Comm. 148.— Official bond. A bond giv en by a public officer, conditioned that he shall well and faithfully perform all the duties of the office. The term is sometimes made to include the bonds of executors, guardians, trustees, etc. — Simple bond. At common law, a bond with out penalty; a bond for the payment of a defi nite sum of money to a named obligee on de mand or on a day certain. Burnside v. Wand, 170 Mo. 531, 71 S. W. 337, 62 L. R, A. 427. — Single bond. A deed whereby the obligor obliges himself, his heirs, executors, and admin istrators, to pay a certain sum of money to the obligee at a day named, without terms of de feasance. 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, v.

BONDED WAREHOUSE.

See WABE

HOTJSE SYSTEM.

BONDSMAN. A surety; one who has entered into a bond as surety. The word seems to apply especially to the sureties up on the bonds of officers, trustees, etc.,'while bail should be reserved for the sureties on recognizances and bail-bonds. Haberstich y. Elliott, 189 111. 70, 59 N. E. 557.

BONES GENTS.

L. Fr. In old English

law. Good men, (of the jury.)

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 en large (or use liberally) his remedial author ity or jurisdiction. Ch. Prec. 329; 1 Wils. 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 execution!. It is the duty of a good judge to cause judgment to be ex ecuted without delay. Co. Iitt 289. Boni judicis est lites dirimere, ne lis ex lite oritur, et interest reipnblicse 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 litigation. 4 Coke, 156; 5 Coke, 31a. 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 ad dressed 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. Reg. Orig. 131. The remission of a tax, particularly on goods intended for ex port, being a special advantage extended by government in aid of trade and manufac tures, and having the same effect as a bonus or drawback. It is a device resorted to for enabling a commodity affected by taxes to BONIS CEDERE. BONIFICATION.