KFLCC Kingdom Law 2nd Ed.

146

BOROUGH

BOTTOMRY

BOROUGH. In Engl ish law. A town, a walled town. Co. Litt. 1086. A town of note or importance; a fortified town. Cow ell. An ancient town. Litt. 164. A cor porate town that Is not a city. Cowell. An ancient town, corporate or not, that sends burgesses to parliament. Co. Litt. 109a; 1 Bl. Comm. 114, 115. A city or other town sending burgesses to parliament. 1 Steph. Comm. 116. 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 ed by the charter of the sovereign, consisting of the inhabitants of the territory erected in to 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 Dill. Mun. Corp. § 41, n. "Borough" and "'village" are duplicate or cumulative names of the same thing; proof of either will sustain a charge in an indictment employing the other term. Brown v. State, 18 Ohio St. 496. —Borough, courts. In English law. Private and limited tribunals, held by prescription, char ter, 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 prev alent in some parts of England, by which the youngest son inherits the estate in prefer ence to bis older brothers. 1 Bl. Comm. 75. —Borough fund. In English law. The reve nues of a municipal borough derived from the rents and produce of the land, houses, 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:—Bor ough-reeve. The chief municipal officer in towns unincorporated before the municipal cor porations act, (5 & 6 Wn IV. c. 76.)—Bor ough sessions. Courts of limited criminal jurisdiction, established in English boroughs under the municipal corporations act.—Pocket borough. A term formerly used in English politics to describe a borough entitled to send a representative to parliament, in which 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. To solicit and receive from another any article of property or thing of value with the intention and promise to re pay 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 "hir ing." But money may be "borrowed" on an agreement to pay interest for its use. Neel v. State, 33 Tex. Cr. R. 408, 26 S. W. 726; Kent v. Mining Co., 78 N. Y. 177; Legal Ten der Cases, 110 U. S. 421, 4 Sup. Ct. 122, 28 L. Ed. 204. This word is often used in the sense of re turning the thing borrowed in specie, as to bor BORROW.

row a book or any other thine 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. State v. School Dist, 13 Neb. 88, 12 N. W. 812; Railroad Co. T. Stichter, 11 Wkly. Notes Cas. (Pa.) 325.

BORROWE.

In old Scotch law.

A

pledge.

BORSHOLDER. The borough's ealder, or headborough, supposed to be in the discreetest man in the borough, town, or tithing. 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. Manwood. In Saxon law. BOSCAGE. BOSCUS. Wood; growing wood of any kind, large or small, timber or coppice. Cow ell; Jacob. 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-bote is a sufficient allowance of wood from off the estate to repair or burn in the house, and sometimes termed "fire-Dote;" ploto bote and cart-bote are wood to be employed in making and repairing all instruments of hus bandry ; and hay-bote or hedge-bote is wood for repairing of hays, hedges, or fences. The word also signifies reparation for any damage or in jury done, as man-bote, which was a compen sation 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. In old English law. A booth, stall, or tent to stand in, in fairs Or markets. Cowell. Cus tomary dues paid to the lord of a manor or soil, for the pitching or standing of booths in fairs or markets. In old Scotch law. A park where cattle are inclosed and fed. Bothna also signifies a barony, lord ship, etc. Skene. BOTE. BOTHA. BOTHAGIUM, or BOOTHAGE. BOTHNA, or BUTHNA. BOSCARIA. Wood-houses, or ox-houses.

BOTTOMAGE.

L. Fr. Bottomry.

BOTTOMRY. In maritime law. A con 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