Page:Black's Law Dictionary (Second Edition).djvu/155

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BOT TOMRY

for a definite term, and pledges the ship (or the keel or bottom of the ship, pll7‘.s pm this) as a security for its repay ment, with maritime or extraordinary interest on account of the marine risks to be iiorne by the lender; it being stipulated that ii‘ the ship be lost In the course of the specified voyage, or during the limited time, by any of the perils (‘l'l'IlL|lEl"\lEli in the contract, the lender shall also lose bis money. The Draco, 2 Sumn. 157, Fed Cos. l\'-). 4,0. ; White v. Colo, 24 Wend. (N. Y.) 1.26; Cari-iugton v. The Pratt, 13 How. 63, 15 L. Ed 267; The Dora (D. C.) ‘H Fed. 3-13: Jennings v. Insurance 00., 4 Bin. (Pu) 24-1. 5 Am. Dec. 40-1; Braynard v. iloppock. T Bosw. (N. Y.) 157.

Botlnmry is a contract by which a ship or its freight.-ige is hypothecnted as security for ii loan, which is to be repaid only in case the ship sunires a particular risk, voyage, or iverind. Giv. Code Cal. § 3017 : Glv. Code Dak. 5 1783.

When the loan is not made upon the ship, but on the goods laden on board, and which are lo he sold or exchanged in the course of the royni.':e, the horrovx-er's personal responsibility is deemed the principal security for the periormanre of the contract, which is therefore riilied "reaziondcniiit," which see. And in :1 loan |l[Inl'| rcxpzmderitia the lender must be paid his ]Jl'il.|(‘ipai and interest though the ship perish, provided the goods are saved. In most other resiiccts the contracts of liottamry and of respon- rliiitilri stand substantially upon the same footing Bouvier.

{{anchor+|.|BOTIOMILY BOND. The instrument embodying the contract or agreement of bot- lnrnry.

The true definition of I. bottomry bond, in the i--nse of the gencral maritime law, and in- il.1-nilent of the peculiar regulations of the pusime 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 IL» lender for a vovsuzo or for a definite period. Fed. Cas. No. 4.057:

Y.) '

. . . 51:): Gl'K‘(-‘iy I Smith. 10 Fed. C15. 10 The Grnpesbot. ‘J Wail. 135. 19 L. Ed. 1


{{anchor+|.|BOIJCHE. Fr. The month. All allow- nnce of provision. Avoir bouche 0. cam't; to have an alliiwauce at court‘, to be in ordi- nar_\ at court: to have meat and drink scottree there. Biount; Cowell.

{{anchor+|.|BOUCHE OF COURT, or BITDGE OF COURT. A certain :1llo\vance of provision from the king to his knights and servants, ulw attended him on any military expeditlov.

{{anchor+|.|BOUGH OF A TREE. In feudal law. .\ .~_\ llliiui which gave seisin of land, to hold of the donor in ca-pita.

{{anchor+|.|BOUGHT AND SOLD NOTES. When a liruller is cuipioyed to buy and sell goods, lie is accustomed to give to the buyer a note vii the sale, commonly called :1 "sold note," and to the seller a like note, commonly call- ed a “bought note," in his own name, as

147

{{anchor+|.|BOUNDARY

agent of each, and thereby they are respectively bound, if be his not exceeded his authority. Saladin v. Mitchell, 45 Ill. 83; Keiin v. Lindiey (Ni. J. Ch.) 30 At]. 1070.

{{anchor+|.|BOULEVARD. The word “b0ulevard," which originally indicated a bulwark or ramparl, and was afterwards applied to a pub- lic 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 ornameiit, exercise, and amusenient. 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. ex- ercise, 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.) 4-} Howe v. Lowell, I71 Muss. 577:. 51 N. E 6: Park C0m’rs v. Farber, 171 Ill. 1-16, -1-9 N. E. 427.


{{anchor+|.|BOUND. As an arljerti-ire, denotes the condition of being constrained by the obligations of a hand or a covenant. In the law of aliipplng. "liound to" or "hound for" de- notes that the vessel spoken of is intended or designed to make a voyage to the place nauied.

As a noim, the term denotes a limit or boundary, or a line hsclosing or marking: ofi a tract or land. In the familiar phrase "metes and bounds," the former term prop- erly 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 “lmuuilnry," to the effect that, while the former signifies the limit itself, (and may he an imaginary line.) the latter designates a visible marl: which indicates the limit. But no such distinction is commonly observed.

{{anchor+|.|BOUND BAILIFFS. In Ell,':liBh law. Sherill's' officcrs are so called. from their being usually bound to the sheriff in an oblimitioii with surcties, for the due execution of their office. 1 Bl. Comm. 345, 3-16.

{{anchor+|.|BOUNDARY. By boundary is understood. in general, every separation, natural or altificiiil, which marks the confines or line of division of two contiguous estates. Trees or hedges may be planted, (litches rn:.Lv 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. (‘iv. (‘ode Lu, art 826.

Boundaries are either natural or artificial. Of the former kind are water-courses, grow- in¢: trees, beds of rock, and the like Artificial boundaries are landniarks or signs erected by the hand of man, as a pole, stake, pile of stones, etc.

—Natux-al boundary. Any formation or prod- uct of nature (as opposed to structures or erec-

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