KFLCC Kingdom Law 2nd Ed.

BOOK

BONITARIAN OWNERSHIP

144

script entries; such as a merchant's ac count-books, dockets of courts, etc. 3. A name often given to the largest sub divisions of a treatise or other literary com position. 4. In practice, the name of "book" Is giv en to several of the more important papers prepared in the progress of a cause, though entirely written, and not at all in the book form; such as demurrer-books, error-books, paper-books, etc. In copyright law, the meaning of the term is more extensive than in popular usage, for it may include a pamphlet a magazine, a collection of blank forms, or a single sheet of music or of ordinary print ing. U. S. v. Bennett 24 Fed. Cas. 1,093; Stowe v. Thomas, 23 Fed. Cas. 207; White v. Geroch, 2 Barn. & Aid. 301; Brightiey v. Littleton (C. G) 37 Fed. 104; Holmes v. Hurst 174 U. S. 82, 19 Sup. Ct 606, 43 L. Ed. 904; Clement! v. Goulding, 11 East, 244; Clayton v. Stone, 5 Fed. Cas. 999. —Book account. A detailed statement, kept in writing in a book, in the nature of debits and credits between persons, arising out of contract or some fiduciary relation; an account or record of debit and credit kept in a book. Taylor v. Horst, 52 Minn. 300, 54 N. W. 734; Stieglitz v. Mercantile Co., 76 Mo. App. 280; Kennedy v. Ankrim, Tapp. (Ohio) 40.—Book debt. In Pennsylvania practice. The act of 28th March, 1895. § 2, in using the words, "book debt" # and "book entries, refers to their usual signification, which includes goods sold and delivered, and work, labor ? and serv ices performed, the evidence 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 issue trying before them. Hamill v. O'Donnell, 2 Miles (Pa.) 102.—Book of acts. A term applied to the records of a surrogate's court 8" East 187.—Book of ad journal. In Scotch law. The original reo ords of criminal trials in the court of justiciary. —Book of original entries. A book in which a merchant keeps his accounts generally and enters therein from day to day a record of his transactions. McKnight v. Newell, 207 Pa. 662, 57 Atl. 39. A book kept for the pur pose of charging goods sold and delivered, in which the entries are made contemporaneously with the delivery of the goods, and by the per son whose duty it was for the time being to make them. Laird v. Campbell, 100 Pa. 165; Ingraham v. Bockius, 9 Serg. & R. (Pa.) 285, 11 Am. Dec. 730; Smith v. Sanford, 12 Pick. (Mass.) 140, 22 Am. Dec. 415; Breinig v. Meitzler, 23 Pa. 156. Distinguished from such books as a ledger, into which entries are post ed from the book of original entries.—Book of rates. An account or enumeration of the du ties or tariffs authorized 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 relief! 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, pur excellence, "The Books." Whar ton.—Books of account. The books in which merchants, traders, and business men generally keep their accounts. Parris v. Bellows, 52 Yt 351; Com. v. Williams. 9 Mete. (Mass.)

be exported and sold in the foreign market on the same terms as if 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. S, 113 Fed. 148, 51 C. O. A. 100. BONITARIAN OWNERSHIP. In Ro man law. A species of equitable title to things, as distinguished from a title acquir ed according to the strict forms of the mu nicipal law; the property of a Roman citi zen in a subject capable of quiritary prop erty, acquired by a title not known to the civil law, but introduced by the praetor, and protected by his impcrium or supreme ex ecutive power, e. g., where res mancipi had been transferred by mere tradition. Poste's Gaius Inst 187. See QOTBITABIAN OWNEB SHIP. BONO ET MAIiO. A special writ of jail delivery, which formerly issued of course for each particular prisoner. 4 Bl. Comm. 270. Bomun defendentis ex Integra causa; malum ex quolibet defectu. The success of a defendant depends on a perfect case; his loss arises from some defect 11 Coke, 68a. Bonum necessarinm extra terminos, necessitatis non est tonnm. 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 occasion al 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 in terest" Association v. Wilcox, 24 Conn. 147. A bonus is not a gift or gratuity, but a sum paid for services, or upon some other considera tion, but in addition to or in excess of that which would ordinarily be given. Kenicott v. Wayne County, 16 Wall. 452, 21 L. Ed. 319. Bonus judex secundum sequum et bonnm judicat, et aequitatem stricto juri prsefert. A good judge decides ac cording to what is just and good, and pre fers equity to strict law. Co. Litt 34. BOOK. 1. A general designation applied to any literary composition which is print ed, but appropriately to a printed composi tion bound in a volume. Scoville v. Toland, 21 Fed. Cas. 864. 2. A bound volume consisting of sheets of paper, not printed, but containing manu