BONA FIDES, a Latin expression literally signifying good faith, enters largely into the consideration of legal questions, particularly matters of agreement, contract. dam age, trusts, and other departments of the law; and in all of them it implies the absence of fraud, or unfair dealing or acting. This term, however, does not appear to occupy any formal or technical place in the law of England. It is the foundation of ninny just and enlightened maxims in the Roman jurisprudence, which in this respect, as in many others, has been followed by the legal system of Scotland. In the law of that country, a person who possesses and enjoys property upon a title which he honestly believes to be good, although it may be bad, is protected against the consequences of this illegal posi tion by his B. and he is entitled to retain the fruits or profits which he has reaped or received during his bona-fide occupancy. But such B. F. ends when the possessor becomes aware of the insufficiency of his title, whether by private knowledge or other wise. In the Scotch law, again, while B. F. gives no support to the parties, or either of them, in a second marriage, the first subsisting, it would, it is thought, have the effect of rendering the children of such second marriage—that is, children born while the B. P. continues—legitimate. The reason of this is, that legitimacy in Scotland is not
the result merely of a lawful marriage, but may be otherwise acquired; and no offense against the laws being intended by one or both Of the parties, it is inexpe dient to impose bastardy on the issue. The contract itself is null, because, otherwise, a sanction would be given to bigamy. But the contract having been entered into in bona fide, the law considers that it ought to attribute to it all the effects of a valid marriage; and such appears to have been the Scotch law from very ancient times. The law of England is not so indulgent, for there, children born under such circumstances would certainly be deemed bastards. See BASTARDS, BASTARDY; Mid see on the sub pct of this article generally, CONTRACT, DAMAGE, 3.LAIIRIAGE, GUARDIAN, EXECUTOR, TRUSTEE.
The interpretation of the term bona fide traveler has given no little trouble to the magistrates of Scotland in reference to the famous "Forbes Mackenzie Act"