Page:Black's Law Dictionary (Second Edition).djvu/152

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BONITARIAN OWNERSHIP
144
BOOK

be exported and sold in the foreign market on the same terms as it it had not been taxed. 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. C. A. 100.

BONITARIAN OWNERSHIP. In Roman law. A species of equitable title to things, as distinguished from a title acquired according to the strict forms of the municpal law; the property of a Roman citizen in a subject capable of quiritary property, acquired by a title not known to the civil law, but introduced by the prætor, 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 Quiritarian 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 success 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 beyond 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 charter 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 interest." Association v. Wilcox, 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 ordinarily be given. Kenicott v. Wayne County, 16 Wall. 452, 21 L. Ed. 319.

Bonus judex secundum æquum et bonum judicat, et æquitatem stricto juri præfert. 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 to any literary composition which is printed, but appropriately to a printed composition bound in a volume. Scoville v. Toland, 21 Fed. Cas. 864.

2. A bound volume consisting of sheets of paper, not printed, but containing manuscript entries; such as a merchant's account-books, dockets of courts, etc.

3. A name often given to the largest subdivisions of a treatise or other literary composition.

4. In practice, the name of "book" is given 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 printing. U. S. v. Bennett, 24 Fed. Cas. 1,093; Stowe v. Thomas, 23 Fed. Cas. 207; White v. Geroch, 2 Barn. & Ald. 301; Brightley v. Littleton (C. C.) 37 Fed. 104; Holmes v. Hurst, 174 U. S. 82, 19 Sup. Ct. 606, 43 L. Ed. 904; Clementi v. Goulding, 11 East, 244; Clayton v. Stone, 5 Fed. Cas. 999.

—Book account. A detailed statement, kept in writing in a hook, 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 services 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 adjournal. In Scotch low. The original records 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. Nowell, 207 Pa. 562, 57 Atl. 39. A book kept for the purpose of charging goods solid and delivered, in which the entries are made contemporaneously with the delivery of the goods, and by the person whose duty it was for the time being to make thorn. 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 posted from the book of original entries.—Book of rates. An account or enumeration of the duties 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, par excellence, "The Books." Wharton.—Books of account. The books in winch merchants, traders, and business men generally keep their accounts. Parris v. Bellows, 52 Vt. 351; Com. v. Williams, 9 Metc. (Mass.)