BON A NOT ABM I A 



BONE-BLACK. 



fraud or deceit Book Fides U therefore oppoced to fraud, and is a 

 necessary ingredient in contract*, and in many acts which do not 

 belong to contract*. How much fraud may be legally uesd, or what is 

 the meaning of Bona Fide* in any particular case, will de|wnd on the 

 fact*. jUny thing* are not legal frauds, and many thing* are legally 

 done Boni Fid*, which the common notion* of fair dealing condemn. 



The phrase Bona Fides originated with the Komans.and it is opposed to 

 Mala Fides, or l>ulu*. The notion of equity (equiu*), equality, fair deal- 

 ing, equal dealing, i* another form of eipreenng """* Fide*. He who 

 1 nimiirl the property of another bond .*/<. might, *n far as the general 

 rule* of law permitted, acquire th* ownership of such jimperty !> ".- 

 (usucapio). In this case bona fide* ctmsisted in believing that his 

 posseeuou originated in a good title, or, a* Oaiu* (ii. 43) expresses it, 

 when th* nns**inr believed that ha who transferred the thing to him 

 we* the owner. 



The Komans nlmirl under tb* head of Itona pdei obligation* a great 

 variety of contract*, and also of legal acts, a* buying, selling, matulalum, 

 guardianship. Ac. Action* founded on these obligations were called 

 ossur jiilfi ocUuna, a name which arose from the formula " ex bond 

 Me," inserted in th* Intentio, or that part of the Pnetor* formula 

 which had reference to the plaintiff'* chum, and empowered the judex 

 to decide according to the equity of the cose, ejc fde bond. Thus 

 action* founded on contract, or on act* which bora an analogy to' 

 contract, were distributed into ttricti jura actionet and bona Jidri 

 uctioua ; or actions in which the inquiry was about the strict legal 

 rights of the parties, and action* in which the general principles of fair 

 dealing were to be taken into the account The object which was 

 attained by the latter bears an analogy to the relief which may be 

 sometime* obtained in a court of equity in England, when there is none 

 to be had in a court of law. 



i;i>N A NOTABIL1A. [ExKCi'TOBs.] The doctrine of ona .Virf.i- 

 bilia baa been abolished with the Court* whose jurisdiction depended 

 on it, there being now but one Court of Probate for all England. 

 [PROBATE.] 



BUXD. A bond or obligation in law, is a deed by which he who 

 makes U, called the obligor, binds himself to another called the 

 vbliyct, to pay a cum of money, or to do, or not to do, any other act. 

 It is, in fact, a specie* of covenant. [COVENANT. | 



Bonds for the payment of money are the most common. They are 

 employed rnrtnad of promises by word, or by unsealed writing, for the 

 following reasons. First, a bond (like every covenant) to pay a sum of 

 money may be enforced against the obligor, although no legal motive 

 or contidtration existed for making it (which is not the case with a 

 verbal promise), for a deed cannot be set aside by the maker of it, 

 though gratuitous. Hence, voluntary engagements which are intended 

 to be binding in law should be made by bond or covenant. Secondly. 

 though the sum of money which a person is to oblige himself to ]iy 

 is a debt already existing, or though any legal consideration for its 

 payment exist*, so that a promise by word or by unsealed writing to 

 pay it would be binding in law, yet a bond is a better security ; for if 

 the debtor dies before the debt, though due, is paid, the creditor 

 being, by virtue of the bond, among those who are called creditors by 

 penally, will be entitled to be satisfied out of the personal and real 

 assets [Assrrs] of the dccased, before creditors by timple contract 

 (among whom, if he bad only the verbal promise or promissory note 

 of his debtor, he would be reckoned) receive any part of the debts due 

 to them. In order, however, that a bond debt may be thus payable 

 out of the real asset* of the debtor (hi* land* of which he died seized) 

 before hi* simple contract debt*, the debtor must, by the bond, have 

 expressly bound hinuelf and /tit hcirt to pay the del it. 



Another advantage which a bond ha* over a bill of exchange or 

 promissory note U that an action may be brought upon it at any time 

 within twenty years after it is due ; whereas a simple contract debt is 

 barred by the statute of limitation* after tix years. [LIMITATIONS.] 



A bond, though thus a better security in many respect* than a 

 promissory note or bill of exchange, is inferior to them in one 

 particiiUr ; for it cannot lie <'// in law, so as to give the assignee 

 the right of suing, in his own name, the obligor for the debt. The 

 courts of equity, however, support, as far a* they can, assignment* of 

 bond* to purchasers, anil acknowledge and enforce the right of such 

 > ignis* to receive the bond debts out of the assets of the debtors ; 

 and the legal difficulty i* got rid of by th* assignor of the bonds giving 

 th* assigns* a power of attorney to sue in hi* name. 



A bond 1* so good a wourity for the payment of a sum of money, 

 that it 11 often employed not only when a drttt is to be established, but 

 when * pecuniar* pmaUf I* to be provided. When a man is required 

 to oblige himself to do or not to do any act, he often enters into a 

 bond lor payment of a certain eum of money, a* penalty in case he 

 depart* from hi* agreement. A bond of this kind, which is called a 

 fal bond, is always prepared as follow. : It is a simple bond for 

 payment of the penal a* or event being mentioned when 



Uwt shall U> due : but ,..!.! I f,. r making the bond void 



in case the obligor performs hi* duty ; the nature of such duty bring 

 e.lpn*d in th* condition This may seem not to be the most 

 accurate mod* of securing a noutingsnt penalty; but. construed by 

 law aueh a bond answer, it* purpo**. For though, generally, when a 

 heejd for Mrcxat of a sum of money m*ntioa no tim. ..I m. 



no tim, of payment, 



aa action may b* brought upon it immHiaHj- ; yet in this ease the 



penal sum t not considered to be due or recoverable till the con 

 annexed to the bond fail* of i Hi-rt l>y the obligor neglecting! or 

 departing from his duty. These penal bond* are further rendered 

 equitable in their operation by the liberal construction which the 

 law puts upon the condition* annexed to them ; often holding that 

 such conditions take effect, and that their terms have been suffi- 

 ciently observed, when, according to a more rigid construction, the 

 IMMiolties would have been forfeited; and often restraining obligee* 

 from taking advantage of the failure of such condition*, when they 

 ought not, in justice, to receive the penalties. Even when the obligee 

 in a penal bond U allowed to recover the penalty, he cannot, generally, 

 take any more of it than what i* a reasonable compemtat . 

 damage sustained by him ; and the amount of such compensation will 

 be ascertained by the verdict of a jury. (8 Jt 9 Will. III. c. 11.) 



The obligor in a penal bond being thus protected, it may seem that 

 equal relief should be given to the obligee, when the penalty i* not, as 

 usual, greater than the amount of damage sustained by him, but less. 

 However, it is a general rule, that the obligee cannot recover u|x>n hix 

 bond any pecuniary compensation beyond the penal sum expressly 

 secured. Hut the Courts of Equity consider the condition of every 

 l*nal bond to be evidence of an ayrtenunt on the part of the obligor 

 to |wrf< ma the duty whose performance is to relieve him from the 

 jwuiilty. Thus a condition for making a bond void in case the obligor 

 does or does not do any act, shows, in contemplation of equity, an 

 agreement by him to do or not to do such act ; and this agreement 

 will, in many cases, be enforced against him at the suit of the obligee, 

 by a decree for specific performance of the agreement, or by on 

 injunction against its breach; and thus, even where the penalty in a 

 bond is insufficient, the obligee U not always without remedy. 



The courts of Law do not consider that an implied covenant is created 

 by the condition of a bond, so as to allow the obligee to bring an action 

 upon it ; but they, as well as those of equity, so far take the condition 

 to be evidence of a contract upon which the bond is founded, as to 

 hold the bond to be void, if the condition is unlawful. For 

 as before said, a bond without consideration may be valid, yet .. 

 made for an unlawful consideration, or upon an unlawful contract, U 

 void, like every other deed so circumstanced. 



IVnal bonds have entirely superseded bonds without condition, or 

 fiai/le bonds ; for even when a bond is intended to secure the pa\ 

 of money, the constant practice is to make it in the form of a bond for 

 payment of a penal sum, double the principal sum which is really to 

 be ]iaid t with a condition, making the bond defeasible upon the latter 

 Minn being duly paid with interest. The chief advantage of such a 

 ln'iid over a single bond formerly was, not that more money than was 

 fairly due to the obligee could be recovered under it (for the stat. 

 4 & 5 Anne, c. 16, forbids that), but that full interest, up to the day 

 on which the debt was satisfied, may be obtained, if within the (H-nalty ; 

 whereas, under a single bond for payment of the principal and interest 

 at a certain day, no interest beyond that day could be claimed, mil il 

 this defect of the law was remedied by stat. 8 & 4 Will. IV., c. 4U, 

 . 28. 



A bond is sometimes made by or to several persons together. In 

 such case, the bond may have different effects, according as it is pre- 

 pared, as either a joint bond, a several bond, or a joint and several 

 bond. This distinction applies equally to covenants, and is n 

 under that title. [COVENANT.] 



The several modes in which a bond may be dacliari/ftl ( win n not 

 actually satisfied) may also be learned by referring to the same title ; 

 where the principal rules relating to the discharge of covenant*, which 

 equally apply to bonds, are mentioned. 



BONE-ASH (/tone harlh, Animal Earth). When bones are hti 

 heated in open vessel*, the whole of the organic or animal in . 

 burnt off, and a white ash remains, to which the above names are 

 applied. A glance at the following analysis of dried bones, given l>y 

 Uvrzelius, will t\i once indicate the composition of this ash : 



Human Bones. Ox Boats. 



Animal matter (Onsrine) . . . 

 Phosphate of lime, with a little duo- I 

 tide of calcium . . . . ] 

 Carbonate of lime . * , 

 I'hnsphatc of magnesia . . . . 

 Soda, and a link chloride of odium . 



83-90 

 S7-SJ 



3-85 

 2-05 

 3-45 



ioe-00 



In addition to the inorganic constituent* mentioned in thi. 

 bone-ash contains sulphate of lime produced by the oxidation > 



i call mm, thu Mil|>hiir of which is denved from the animal 

 matter. The principal arid only important constituent of the 

 the phosphate of linn-, forming from 80 to 00 per cent, of well-calcined 

 bone*. It may be separated from most of the other ingredient*, and 

 rendered nearly pure, by digesting the ah in hydrochloric acid, 

 tittering, precipitating with solution of ammonia, and well washing the 

 |nvci|iiUte. It* composition U (SCaO, PO^). 



Bone-ash is largely used in comiwunding artificial manures, as a 

 source of phosphorus, by assayers for making cupels, and in a few 

 other lees important operations. 



BONE BLACK (ImryHuk, AtumalMaek, Animal Charcoal). This 



