KFLCC Kingdom Law 2nd Ed.

147

BOTTOMRY

BOUNDARY

for a definite term, and pledges the ship (or the keel or bottom of the ship, pars pro tQto) as a security for its repajment, with mari time 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 dur ing 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 r. 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. Oiv. 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 per formance 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 re spects the contracts of bottomry and of respon dentia stand substantially upon the same foot ing. Bouvier. The instrument embodying the contract or agreement of bot tomry. The true definition of a bottomry bond, in the sense of the general maritime law, and in dependent of the peculiar regulations of the positive codes of different commercial nations, is that it is a contract for a loan of money on the boftom 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 Wall. 135, 19 L. Ed. 651. BOTTOMRY BOND. BOTJCHE. Fr. The mouth. An allow ance of provision. Avoir bouche a court; to have an allowance at court; to be in ordi nary 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 expedi tion. 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 call ed a "bought note," in his own name, as

agent of <»ach, and thereby they are respec tively bound, if he has not exceeded his au thority. Saladin v. Mitchell, 45 111. 83; Keim v. Lindley (N. J. Ch.) 30 Atl. 1070. The word "boulevard," which originally indicated a bulwark or ram part, 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 ornament, exercise, and amusement. It is not a' street or road, though carriages may pass through it. So a boulevard or public drive is adapted and set apart for purposes of ornament, ex ercise, and amusement. It is not technically a street, avenue, or highway, though a car riage-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, 171 111. 146, 49 N. E. 427. denotes the condition of being constrained by the obli gations of a bond or a covenant. In the law of shipping, "bound to" or "bound for" de notes 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 prop erly denotes the measured distances, and the latter the natural or artificial marks which indicate their beginning and ending. A dis tinction 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. In English law. Sheriffs' officers are so called, from their be ing usually bound to the sheriff in an obli gation with sureties, for the due execution of their office. 1 Bl. Comm. 345, 346. BOUNDARY. By boundary is under stood, 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, grow ing trees, beds of rock, and the like. Artifi cial boundaries are landmarks or signs erect ed by the hand of man, as a pole, stake, pile of stones, etc. —Natural boundary. Any formation or prod uct of nature (as opposed to structures or erec- BOULEVARD. BOUND. As an adjective, BOUND BAILIFFS.