Blacks Law Dict. 1st ed

BOROUGH COURTS

148

BOTTOMRY

BOSCUS. Wood; growing wood of any kind, large or small, timber or coppice. Cow ell; Jacob. BOTE. In old English law. A recom pense or compensation, or profit or advan tage. Also reparation or amends for any damage done. Necessaries for the mainte nance and carrying on of husbandry. An allowance; the ancient name for estovers. House-boteis a sufficient allowance of wood from off the estate to repair or burn in the house, and sometimes termed "fire-bote;" plow-bote and cart-bote are wood to be employed in making and repairing all instruments of husbandry; and hay bote or hedge-bote is wood for repairing of hays, hedges, or fences. The word also signifies reparation for any damage or injury done, as man bate, which was a compensation or amends for a man slain, etc. BOTELESS. In old English law. With out amends; without the privilege of making satisfaction for a crime by a pecuniary pay ment; without relief or remedy. Cowell. BOTHA. In old English law. A booth, stall, or tent to stand in, in fairs or markets. Cowell. BOTHAGIUM, or BOOTHAGE. Cus tomary dues paid to the lord of a manor or soil, for the pitching or standing of booths in fairs or markets. BOTHNA, or BUTHNA. In old Scotch law. A park where cattle are inclosed and fed. Bothna also signifies a barony, lord ship, etc. Skene. BOTTOMAGE. L. Pr. Bottomry. BOTTOMRY. In maritime law. Aeon tract 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 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 ac count 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. 2 Hagg. Adm. 48, 53; 2 Sum. 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. Civil Code Cal. § 3017; Civil Code Dak. § 1783. When the loan is not made upon the ship, bntoa the goods laden on board, and which are to be sold

BOKO U G H COURTS. In English Jaw. Private and limited tribunals, held by prescription, charter, or act of parliament, in particular districts for the convenience of the inhabitants, that they may prosecute small suits and receive justice at home. BOROUGH ENGLISH. A custom prevalent in some parts of England, by which the youngest son inherits the estate in preference to his older brothers. 1 Bl. Comm. 75. BOROUGH FUND. In English law. The revenues of a municipal borough derived from the rents and produce of the land, hous es, and stocks belonging to the borough in its corporate capacity, and supplemented where necessary by a borough rate. BOROUGH-HEADS. Borough-holders, bors-holders, or burs-holders. BOROUGH-REEVE. The chief munci ipal officer in towns unincorporated before the municipal corporations act, (5 & 6 Wm. IY. c. 76.) BOROUGH SESSIONS. Courts of lim ited criminal jurisdiction, established in En glish boroughs under the municipal corpora tions act. BORROW. This word is often used in the sense of returning the thing borrowed in specie, as to borrow a book or any other thing to be returned again. But it is evident that where money is borrowed, the identical money loaned is not to be returned, because, if this were 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. 13 Neb. 88, 12 N. W. Rep. 812; 39 Leg. Int. 93; 78 K. Y. 177. BOBBOWE. In old Scotch law. A pledge. BORROWER. One to whom money or other property is loaned at his request. BORSHOLDER. In Saxon law. The borough's ealder, or headborough, supposed to be the discreetest man in the borough, town, or tithing. BOSCAGE. In English law. The food which wood and trees yield to cattle; browse wood, mast, etc. Spelman. An ancient duty of wind-fallen wood in the forest. Man wood. BOSCARIA. Wood-houses, or ox-houses.

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