Part 29
BOND, SIR EDWARD AUGUSTUS (1815-1898), English librarian, was born at Hanwell on the 31st of December 1815, the son of a schoolmaster. He was educated at Merchant Taylors' school, and in 1832 obtained a post in the public record office. In 1838 he became an assistant in the manuscript department of the British Museum, where he attracted the notice of his chief, Sir Frederick Madden, the most eminent palaeographer of his day, and in 1852 he was made Egerton librarian. In 1856 he became assistant keeper of MSS., and in 1867 was promoted to the post of keeper. His work in reorganizing the manuscript department was of lasting value, and to him is due the classified catalogue of MSS., and the improved efficiency and punctuality of publication of the department. In 1878 he was appointed principal librarian. Under his supervision were erected the new buildings of the "White Wing," which provide accommodation for prints, drawings, manuscripts and newspapers, and the purchase of the Stowe MSS. was concluded while he remained in office. He founded, in conjunction with Sir E. Maunde Thompson, the Palaeographical Society, and first made classical palaeography an exact science. He was made LL.D. of Cambridge in 1879, created C.B. in 1885, and K.C.B. the day before his death on the 2nd of January 1898. He was the editor of four volumes of facsimiles of Anglo-Saxon charters from 679 to the Conquest, _The Speeches in the Trial of Warren Hastings_ (1859-1861), and a number of other interesting historic documents.
BOND,[1] in English law, an obligation by deed. Its design is to secure that the obligor, i.e. the person giving the bond, will either pay a sum of money, or do or refrain from doing some act; and for this purpose the obligor binds himself in a penalty to the obligee, with a condition added that, if the obligor pays the sum secured--which is usually half the penalty--or does or refrains from doing the specified act, the bond shall be void: otherwise it shall remain in full force. This condition is known as the defeasance because it defeats or undoes the bond. The form of a common money bond runs as follows:--
Know All Men by these presents that I, A.B. (name, address and description of obligor), am bound to C.D. (name, address and description of obligee) in the sum of L[2000] to be paid to the said (obligee), his executors, administrators or assigns or to his or their attorney or attorneys, for which payment I bind myself by these presents. Sealed with my seal. Dated this day of 19 .
The condition of the above-written bond is such that if the above A.B., his heirs, executors or administrators, shall on the day of pay to the above-named C.D., his heirs, executors, administrators or assigns the sum of L[1000], with interest for the same from the date of the above-written bond at the rate of per cent per annum without any deduction, then the above-written bond shall be void: otherwise the bond shall remain in full force.
Signed, sealed and delivered by the above-named A.B. in the presence of (witness)
Recitals are frequently added to explain the circumstances under which the bond is given.
If the condition is not performed, i.e. if the obligor does not pay the money by the day stipulated, or do or refrain from doing the act provided for, the bond becomes forfeit or absolute at law, and charges the obligor and his estate (see Conveyancing Act 1881, s. 59). In old days, when a bond was forfeit, the whole penalty was recoverable at law and payment _post diem_ could not be pleaded to an action on it, but the court of chancery early interposed to prevent oppression. It held the penalty of a bond to be the form, not the substance of it, a pledge merely to secure repayment of the sum bona fide advanced, and would not permit a man to take more than in conscience he ought, i.e. in case of a common money bond, his principal, interest and expenses. This equitable relief received statutory recognition by an act of 1705, which provided that, in case of a common money bond, payment of the lesser sum with interest and costs shall be taken in full satisfaction of the bond. An obligee of a common money bond can, since the date of the Judicature Act, obtain summary judgment under O. xiv. (R.S.C. 1883) by specially endorsing his writ under O. iii. R. 6.
Bonds were, however, and still are given to secure performance of a variety of matters other than the payment of a sum of money at a fixed date. They may be given and are given, for instance, to guarantee the fidelity of a clerk, of a rent collector, or of a person in an office of public trust, or to secure that an intended husband will settle a sum on his wife in the event of her surviving him, or that a building contract shall be carried out, or that a rival business shall not be carried on by the obligor except within certain limits of time and space. The same object can often be attained--and more conveniently attained--by a covenant than by bond, and covenants have in the practice of conveyancers largely superseded bonds, but there are cases where security by bond is still preferable to security by covenant. Thus under a bond to secure an annuity, if the obligor makes default, judgment may be entered for the penalty and stand as security for the future payments without the necessity of bringing a fresh action for each payment. In cases of bonds with special conditions, such as those instanced above, the remedy of the obligee for breach of the condition is prescribed by an act of 1696, the procedure under which is preserved by the Judicature Act (O. xxii. R. 1, O. xiii. R. 14). The obligee assigns the particular breaches of which he complains, damages in respect of such breaches are assessed, and, on payment into court by the obligor of the amount of such damages, the court enters a stay of execution. A difficulty which has much exercised and still exercises the courts is to determine, in these cases of special conditions, whether the sum for which the bond is given is a true penalty or only liquidated damages. There is nothing to prevent the parties to a bond from agreeing the damages for a breach, and if they have done so, the court will not interfere, as it will in the case of a penalty. The leading case on the subject is _Kemble_ v. _Farren_ (1829; 6 Bing. 148).
Bonds given to secure the doing of anything which is contrary to the policy of the law are void. Such, for instance, is a bond given to a woman for future cohabitation (as distinguished from past cohabitation), or a marriage brocage bond, that is, a bond given to procure a marriage between parties. (See the matrimonial agency case, _Hermann_ v. _Charlesworth_, 1905, 2 K.B. 123). It was not without design that Shakespeare laid the scene of Shylock's suit on Antonio's bond in a Venetian court; the bond would have had short shrift in an English court.
_Post Obit Bonds._--A post obit bond is one given by an expectant heir or legatee, payable on or after the death of the person from whom the obligor has expectations. Such a bond, if the obligee has exacted unconscionable terms, may be set aside.
_Bottomry Bonds._--A bottomry bond is a contract of hypothecation by which the owner of a ship, or the master as his agent, borrows money for the use of the ship to meet some emergency, e.g. necessary repairs, and pledges the ship (or keel or bottom of the ship, _partem pro toto_) as security for repayment. If the ship safely accomplishes her voyage, the obligee gets his money back with the agreed interest: if the ship is totally lost, he loses it altogether.
_Lloyd's Bonds._--Lloyd's bonds are instruments under the seal of a railway company, admitting the indebtedness of the company to the obligee to a specified amount for work done or goods supplied, with a covenant to pay him such amount with interest on a future day. They are a device by which railway companies were enabled to increase their indebtedness without technically violating their charter. The name is derived from the counsel who settled the form of the bond.
_Debenture Bonds._--Debenture bonds are bonds secured only by the covenant of the company without any floating or fixed charge on the assets. (See DEBENTURES AND DEBENTURE STOCK.)
_Recognizance._--A recognizance differs from a bond in being entered into before a court of record and thereby becoming an obligation of record.
_Heritable bond_ is a Scots law term, meaning a bond for money, joined with a conveyance of land, and held by a creditor as security for his debt.
For goods "in bond" see BONDED WAREHOUSE. (E. Ma.)
FOOTNOTE:
[1] This word, meaning "that which binds," is a phonetic variant of "band," and is derived from the Teutonic root seen in _bindan_, to bind; it must be distinguished from the obsolete "bond," meaning originally a householder. In the laws of Canute this word is used as equal to the Old English _ceorl_ (see CHURL), and thus, as the churl's position became less free after the Norman Conquest, the "bond" approximated to the "villein," and still later to the "serf." The word is in Old English _bonda_, and appears in "husband" (q.v.), and is derived from the root of the verb _bua_, to dwell, to have a house, the Latin _colere_, and thus in origin is cognate with German _Bauer_ and English "boor." The transition in meaning to the idea of serfdom, and hence to slavery, is due to an early confusion with "bond," from "bind." The same wrong connexion appears in the transition of meaning in "bondage," properly "tenure in villeinage," but now used as synonymous with "slavery." A trace of the early meaning still survives in "bondager" (q.v.).
BONDAGER, a word meaning generally a servant, but specially used in the south of Scotland and Northumberland as the term for a female outworker whom a married farm-labourer, living in a cottage attached to the farm, undertakes as a condition of his tenancy to supply for field-labour, sometimes also to board and lodge. The origin of the system was a dearth of field-labour.
BONDE, GUSTAF, COUNT (1620-1667), Swedish statesman. He is remarkable for being the persistent advocate of a pacific policy at a time when war on the slightest provocation was the watchword of every Swedish politician. Even the popular Polish adventure of Charles X. was strenuously opposed by Bonde, though when once it was decided upon he materially assisted the king to find the means for carrying it on. He was also in favour of strict economy coupled with the recovery of the royal domains which had fallen into the hands of the nobles, though his natural partiality for his fellow-peers came out clearly enough when in 1655 he was appointed a member of Charles X.'s land-recovery commission. In 1659 he succeeded Herman Fleming as lord high treasurer, and was one of the council of regency appointed to govern Sweden during the minority of Charles XI. In 1661 he presented to the senate a plan which aimed at rendering Sweden altogether independent of foreign subsidies, by a policy of peace, economy and trade-development, and by further recovery of alienated estates. His budget in the following year, framed on the same principles, subsequently served as an invaluable guide to Charles XI. Bonde's extraordinary tenacity of purpose enabled him for some years to carry out his programme, despite the opposition of the majority of the senate and his co-regents, who preferred the more adventurous methods of the chancellor Magnus de la Gardie, ultimately so ruinous to Sweden. But the ambition of the oligarchs, and the fear and jealousy of innumerable monopolists who rose in arms against his policy of economy, proved at last too strong for Bonde, while the costly and useless expedition against Bremen in 1665, undertaken contrary to his advice, completed the ruin of the finances. In his later years Bonde's powers of resistance were weakened by sickness and mortification at the triumph of reckless extravagance, and he practically retired from the government some time before his death.
See Martin Veibull, _Sveriges Storhetstid_ (Stockholm, 1881).
BONDED WAREHOUSE, a warehouse established by the state, or by private enterprise, in which goods liable to duty are lodged until the duty upon them has been paid. Previous to the establishment of bonded warehouses in England the payment of duties on imported goods had to be made at the time of importation, or a bond with security for future payment given to the revenue authorities. The inconveniences of this system were many; it was not always possible for the importer to find sureties, and he had often to make an immediate sale of the goods, in order to raise the duty, frequently selling when the market was depressed and prices low; the duty, having to be paid in a lump sum, raised the price of the goods by the amount of the interest on the capital required to pay the duty; competition was stifled from the fact that large capital was required for the importation of the more heavily taxed articles; there was also the difficulty of granting an exact equivalent drawback to the exporter, on goods which had already paid duty. To obviate these difficulties and to put a check upon frauds on the revenue, Sir Robert Walpole proposed in his "excise scheme" of 1733, the system of warehousing, so far as concerned tobacco and wine. The proposal, however, was very unpopular, and it was not till 1803 that the system was actually adopted. By an act of that year imported goods were to be placed in warehouses approved by the customs authorities, and importers were to give "bonds" for payment of duties when the goods were removed. It was from this that the warehouses received the name of "bonded" or "bonding." The Customs Consolidation Act 1853 dispensed with the giving of bonds, and laid down various provisions for securing the payment of customs duties on goods warehoused. These provisions are contained in the Customs Consolidation
## Act 1876, and the amending statutes, the Customs and Inland Revenue Act
1880, and the Revenue Act 1883. The warehouses are known as "king's warehouses," and by s. 284 of the act of 1876 are defined as "any place provided by the crown or approved by the commissioners of customs, for the deposit of goods for security thereof, and the duties due thereon." By s. 12 of the same act the treasury may appoint warehousing ports or places, and the commissioners of customs may from time to time approve and appoint warehouses in such ports or places where goods may be warehoused or kept, and fix the amount of rent payable in respect of the goods. The proprietor or occupier of every warehouse so approved (except existing warehouses of special security in respect of which security by bond has hitherto been dispensed with), or some one on his behalf, must, before any goods be warehoused therein, give security by bond, or such other security as the commissioners may approve of, for the payment of the full duties chargeable on any goods warehoused therein, or for the due exportation thereof (s. 13). All goods deposited in a warehouse, without payment of duty on the first importation, upon being entered for home consumption, are chargeable with existing duties on like goods under any customs acts in force at the time of passing such entry (s. 19). The act also prescribes various rules for the unshipping, landing, examination, warehousing and custody of goods, and the penalties on breach. The system of warehousing has proved of great advantage both to importers and purchasers, as the payment of duty is deferred until the goods are required, while the title-deeds, or warrants, are transferable by endorsement.
While the goods are in the warehouse ("in bond") the owner may subject them to various processes necessary to fit them for the market, such as the repacking and mixing of tea, the racking, vatting, mixing and bottling of wines and spirits, the roasting of coffee, the manufacture of certain kinds of tobacco, &c., and certain specific allowances are made in respect of waste arising from such processes or from leakage, evaporation and the like.
BONDU, a French protectorate in West Africa, dependent on the colony of Senegal. Bondu lies between the Faleme river and the upper course of the Gambia, that is between 13 deg. and 15 deg. N., and 12 deg. and 13 deg. W. The country is an elevated plateau, with hills in the southern and central parts. These are generally unproductive, and covered with stunted wood; but the lower country is fertile, and finely clothed with the baobab, the tamarind and various valuable fruit-trees. Bondu is traversed by torrents, which flow rapidly during the rains but are empty in the dry season, such streams being known in this part of West Africa as _marigots_. The inhabitants are mostly Fula, though the trade is largely in the hands of Mandingos. The religion and laws of the country are Mahommedan, though the precepts of that faith are not very rigorously observed. Mungo Park, the first European traveller to visit the country, passed through Bondu in 1795, and had to submit to many exactions from the reigning prince. The royal residence was then at Fatteconda; but when Major W. Gray, a British officer who attempted to solve the Niger problem, visited Bondu in 1818 it had been removed to Bulibani, a small town, with about 3000 population, surrounded by a strong clay wall. In August 1845 the king of Bondu signed a treaty recognizing French sovereignty over his country. The treaty was disregarded by the natives, but in 1858 Bondu came definitely under French control. The country has since enjoyed considerable prosperity (see SENEGAL).
See A. Rancon, _Le Bondou: etude de geographie et d'histoire soudaniennes de 1681 a nos jours_ (Bordeaux, 1894).
BONE, HENRY (1755-1834), English enamel painter, was born at Truro. He was much employed by London jewellers for small designs in enamel, before his merits as an artist were well known to the public. In 1800 the beauty of his pieces attracted the notice of the Royal Academy, of which he was then admitted as an associate; in 1811 he was made an academician. Up to 1831 he executed many beautiful miniature pieces of much larger size than had been attempted before in England; among these his eighty-five portraits of the time of Queen Elizabeth, of different sizes, from 5 by 4 to 13 by 8 in. are most admired. They were disposed of by public sale after his death. His Bacchus and Ariadne, after Titian, painted on a plate, brought the great price of 2200 guineas.
BONE (a word common in various forms to Teutonic languages, in many of which it is confined to the shank of the leg, as in the German _Bein_), the hard tissue constituting the framework of the animal skeleton. For anatomy see SKELETON and CONNECTIVE TISSUES.
BONE DISEASES AND INJURIES.--The more specific diseases affecting the bones of the human body are treated under separate headings; in this article _inflammation of bone_ and _fractures_ are dealt with.
Ostitis.
_Ostitis_ ([Greek: osteon], bone), or inflammation of bone, may be acute or chronic. _Acute ostitis_ is one of the most serious diseases which can be met with in young people. It is due to the cultivation of virulent germs in the delicate growing tissue of the bone and in the marrow. Another name for it is _septic osteomyelitis_, which has the advantage of expressing the cause as well as the exact seat ([Greek: myelos], marrow) of the inflammation. The name of the micro-organism causing the inflammation is _Staphylococcus pyogenes aureus_, which means that the germs collect in clusters like grapes, that they are of the virulent pus-producing kind, and that they have a yellow tinge. As a rule, the germs find their way to the bone by the blood-stream, which they have entered through the membrane lining the mouth or gullet, or some other part of the alimentary canal. In the pre-antiseptic days they often entered the sawn bone during the amputation of a limb, and were not infrequently the cause of blood-poisoning and death. When the individual is well and strong, and there has been no hurt, strain or accident to lower the power of resistance of the bone, the staphylococci may circulate harmlessly in the blood, until they are gradually eaten up by the white corpuscles; but if a bone has been injured it offers a likely and attractive focus to the wandering germs.
The disease is infective. That is to say, the micro-organisms having begun to germinate in the damaged bone find their way by the blood-stream into other tissues, and developing after their kind, are apt to cause blood-poisoning. Should a surgeon prick his finger whilst operating on a case of septic osteomyelitis his blood also might be poisoned, and he would run the risk of losing his finger, his hand, or even his life. The starting-point of the disease is the delicate growing tissue recently deposited between the main part of the shaft of the bone (diaphysis) and the cartilaginous end. And it often happens that the earliest complaint of pain is just above or below the knee; just above the ankle, the elbow or the wrist. If the surgeon is prompt in operating he may find the disease limited to that spot. In the case of infants, the germs are very apt to make their way into the neighbouring joint, giving rise to the very serious disease known as _acute arthritis of infants_.
Probably the first sign of there being anything amiss with the limb will be a complaint of aches or pains near a joint; and these pains are apt to be miscalled rheumatic. Perhaps they occur during convalescence from scarlet or typhoid fever, or after exposure to injury, or to wet or cold, or after unusual fatigue. The part becomes swollen, hot, red and excessively tender; the tenderness, however, is not in the skin but in the bone, and in the engorged membrane around it, the periosteum. The temperature may run up to 104 deg., and may be associated with convulsions or shiverings. The patient's nights are disturbed, and very likely he has violent delirium. If the case is allowed to drift on, abscess forms, and death may ensue from septic pneumonia, or pericarditis, or from some other form of blood-poisoning.
As soon as the disease is recognized an incision should be made down to the bone, and the affected area should be scraped out, and disinfected with a solution of corrosive sublimate. A considerable area of the bone may be found stripped bare by sub-periosteal abscess, and necrosis is likely to ensue. Perhaps the shaft of the bone will have to be opened up in the chief part of its length in order that it may be cleared of germs and pus. The surgeon is more apt to err on the side of doing too little in these serious cases than too much. It may be that the whole of that piece of bone (diaphysis) which lies between the joint-ends is found loose in a large abscess cavity, and in some cases immediate amputation of the limb may be found necessary in order to save life; in other cases, amputation may be called for later because of long-continued suppuration and grave constitutional disturbance. Several bones may be affected at the same time, and large pieces of them may be killed outright (_multiple necrosis_) by inflammatory engorgement and devastating abscess.