Page:Black's Law Dictionary (Second Edition).djvu/154

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BOROUGH

BOROUGH. In English law. A town. a walled town. Co. Litt. 10812. A town of

note or importance; a fortified town. Cow- eil. An ancient town. Litt. 164. A corporate town that is not a city. Cowell. An

ancient town, corporate or not, that sends burgesses to parliament. Co. Litt. 109:1; 1 Bl. Comm. 114, 115. A city or other town sending burgosses to parlinment. 1 Steph. Comm. 110. A town or place organized for local government.

A parliamentary borough is a town which returns one or more members to parliament.

In scotch law. A corporate body erect- cd by the charter of the sovereign, consisting of the ilJ.i1ill)i[5.lJtS of the territory erected into the borough. Bell.

In American law. In Pennsylvania, the term denotes a part of a township having a charter for municipal purposes; and the same is true of Connecticut. Southport v. Ogden, 23 Conn. 128. See, also, 1 Di.ll. Mun. Corp. § 41, n.

"]3orough" and “viilage" are duplicate or cumulative names of the same thing; proof of either will sustain a charge in an indictment vmploying the other term. Brown v. State, 18 Ohio St 496.

—Borongli courts. In‘ English law. Private and limited tribunals. held by prescription, charter, or act of parliament, in particular districts for the convenience of the inbnbitnnts, that they may prosecute small suits and receive justice at hoi.oe.—Box-ougli English. A custom prev- alent in some parts of England, by which the youngest son inherits the estate in preference to his older brothers. 1 Bl. Comm. 75. —Bnrougli fund. In English law. The reve- n 4 of a municipal borough derived from the rents and procluce of the lnnd houses, and stocks belonging to the borough in its corporate capacity, and supplemented where necessary hy n lurough rate.—Bo1-ongh-heads. ‘Borough- hnlders, bors-holders, or hurs-ho1de1‘s.—Bormigli-1-eeve. The chief municipal officer in towns unincorpated before the municipal corporations act, (5 & 6 Wm. IV c. 7(‘ nugli sessions. Courts of " jurisdiction, established in Eugl h hnrougbs under the municipal corporations act —Pocket Ii. A term formerly used in English ' cs to desclibe s horough entitled to send resentafive to parliament. in wbicb a single individual. either as the principal landlord or by reason of other predominating influence. could entirely control the election and insure the return of the candidate whom he should nominate.

BORROW. To solicit and receive from another any article of property or thing of value with the intention and promise to repay or return it or its equivalent. Strictly speaking. borrowing implies a gratuitous loan; if any price or consideration is to be paid for the use of the property, it is "hiring." But money may be “borrnwed" on an agreement to pay interest for its use. Neel V. State, 33 Tex. Cr. R. 408, 26 S. W. 726; Kent v. Mining 00., 78 N. Y. 177; Legal Tender Cases, 110 U. S. 421, 4 Sup. Ct. 122, 28 L. Ed. 204.

This word is often used in the sense of returning the fiiing borrowed in specie, as to bar-

146

BOTTOMRY

row a book or any other thing to be returncd again. But it is evident that where money is borrowed, the identical money loaned is not to be returned, because, if this wers so, the borrower would derive no benefit from the loan. In the broad sense of the term, it means a contract for the use of money. State v. Svbo -A Dist. 13 Neh. S3. ‘[2 N. W. 812; Hfliil'i).‘l[i Co. v. Sticbter_ 11 Wkly. Notes Cas. (I‘n.) 325.

BORILOWE. In aid Sootch law. A pledge. BOESHOLDER. In Saxon law. The

borough's ealder, or headborough, supposed to he in the discrcetest man in the borough, town, or tithing.

BOSCAGE. In English law. The food which uood and trees yield to cattle; browse- wood. mast. etc. Speiman.

An ancient duty of wind-fallen wood in the forest. Manwood.

BOSCAZRIA. Wood-houses, or ox-houses.

BOSCUS. Wood: growing wood of any kind, large or small, timber or coppice. Cow- ell; Jacob.

BOTE. In old English law. A recompense or compensation, or profit or advantage. Also reparation or amends for any damage done. Necessarles for the mainte- nance and carrying on of husbandry. An allowance: the ancient name for estovers.

House-bole is a sufficient allowance of wood from olf the estate to repair or burn in the house, and sometimes terrnr-ii “fire-bote;" plumboto and curt-lmte are wood to be emploved in making and repairlii,-,r all instruments of hus- bandry; and hay/-bots or herlpe-bate is wood for repairing of bays, hedges, or fences. The word also signifies reparation for any damage or in- jury done, as manrbote, wbicli was a compensation or amends for a man slain, etc.

BOTELESS. In old English law. Without amends; without the privilege of making satisfaction for a crime by a pecuniary pay- ment; without relief or remedy. Cowell.

BOTHIA. In old English law. A booth. stall, or tent to stand in, in fairs or markets. Cowell.

BOTHAGIUM, or BOOTHAGE. Customary dues paid to the lord of a manor or soil, for the pitching or standing of booths in fiairs or markets.

{{anchor+|.|BOTHNA, or BUTHNA. In Old Scotch law. A park where cattle are inclosed and fed. Bothna also signifies a b.-irony, lord- ship, etc. Skene.

BOTTOMAGE. L. Fl‘. Bottomry.

BOTTOMRY. In maritime law. A contract In the nature of a mortgage, by which the owner of a ship borrows money for the use, equipment, or repair of the vessel, and