for a definite term, and pledges the ship (or the keel or bottom of the ship, pars pro toto) as a security for its repayment, with maritime or extraordinary interest on account of the marine risks to be borne by the lender; it being stipulated that if the ship be lost in the course of the specified voyage, or during the limited time, by any of the perils enumerated in the contract, the lender shall also lose his money. The Draco, 2 Sumn. 157, Fed Cas. No. 4,057; White v. Cole, 24 Wend. (N. Y.) 126; Carrington v. The Pratt, 18 How. 63, 15 L. Ed. 267; The Dora (D. C.) 34 Fed. 343; Jennings v. Insurance Co., 4 Bin. (Pa.) 244, 5 Am. Dec. 404; Braynard v. Hoppock, 7 Bosw. (N. Y.) 157.
Bottomry is a contract by which a ship or its freightage is hypothecated as security for a loan, which is to be repaid only in case the ship survives a particular risk, voyage, or period. Civ. Code Cal. § 3017; Civ. Code Dak. § 1783.
When the loan is not made upon the ship, but on the goods laden on board, and which are to be sold or exchanged in the course of the voyage, the borrower's personal responsibility is deemed the principal security for the performance of the contract, which is therefore called "respondentia," which see. And in a loan upon respondentia the lender must be paid his principal and interest though the ship perish, provided the goods are saved. In most other respects the contracts of bottomry and of respondentia stand substantially upon the same footing. Bouvier.
BOTTOMRY BOND. The instrument embodying the contract or agreement of bottomry.
The true definition of a bottomry bond, in the sense of the general maritime law, and independent of the peculiar regulations of the positive codes of different commercial nations, in that it is a contract for a loan of money an the bottom of the ship, at an extraordinary interest, upon maritime risks, to be borne by the lender for a voyage or for a definite period. The Draco, 2 Sumn. 157, Fed. Cas. No. 4,057; Cole v. White, 26 Wend (N. Y.) 515; Greely v. Smith, 10 Fed. Cas. 1077; The Grapeshot, 9 Wal. 135, 19 L. Ed. 651.
BOUCHE. Fr. The month. An allowance of provision. Avoir bouche à court; to have an allowance at court; to be in ordinary at court; to have meat and drink scot-free there. Blount; Cowell.
BOUCHE OF COURT, or BUDGE OF COURT. A certain allowance of provision from the king to his knights and servants, who attended him on any military expedition.
BOUGH OF A TREE. In feudal law. A symbol which gave seisin of land, to hold of the donor in capite.
BOUGHT AND SOLD NOTES. When a broker is employed to buy and sell goods, he is accustomed to give to the buyer a note of the sale, commonly called a "sold note," and to the seller a like note, commonly called a "bought note," in his own name, as agent of each, and thereby they are respectively bound, if he has not exceeded his authority. Saladin v. Mitchell, 45 Ill. 83; Keim v. Lindley (N. J. Ch.) 30 Atl. 1070.
BOULEVARD. The word "boulevard," which originally indicated a bulwark or rampart, and was afterwards applied to a public walk or road on the site of a demolished fortification, is now employed in the same sense as public drive. A park is a piece of ground adapted and set apart for purposes of ornament, exercise, and amusement. It is not a street or road, though carriages may pass through it.
So a boulevard or public drive is adopted and set apart for purposes of ornament, exercise, and amusement. It is not technically a street, avenue, or highway, though a carriage-way over it is a chief feature. People v. Green, 52 How. Prac. (N. Y.) 445; Howe v. Lowell, 171 Mass. 575, 51 N. E. 536; Park Com'rs v. Farber, 171 Ill. 146, 49 N. E. 427.
BOUND. As an adjective, denotes the condition of being constrained by the obligations of a bond or a covenant. In the law of shipping, "bound to" or "bound for" denotes that the vessel spoken of is intended or designed to make a voyage to the place named.
As a noun, the term denotes a limit or boundary, or a line inclosing or marking off a tract of land. In the familiar phrase "metes and bounds," the former term properly denotes the measured distances, and the latter the natural or artificial marks which indicate their beginning and ending. A distinction is sometimes taken between "bound" and "boundary," to the effect that, while the former signifies the limit itself, (and may be an imaginary line,) the latter designates a visible mark which indicates the limit. But no such distinction is commonly observed.
BOUND BAILIFFS. In English law. Sheriff's officers are so called, from their being usually bound to the sheriff in an obligation with sureties, for the due execution of their office. 1 Bl. Comm. 345, 346.
BOUNDARY. By boundary is understood, in general, every separation, natural or artificial, which marks the confines or line of division of two contiguous estates. Trees or hedges may be planted, ditches may be dug, walls or inclosures may be erected, to serve as boundaries. But we most usually understand by boundaries stones or pieces of wood inserted in the earth on the confines of the two estates. Civ. Code La. art 826.
Boundaries are either natural or artificial. Of the former kind are water-courses, growing trees, beds of rock, and the like Artificial boundaries are landmarks or signs erected by the hand of man, as a pole, stake, pile of stones, etc.
