Public-domain · open source
OpenJurist

Borough

Defined in 9 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Black's (1891), Anderson (1889), Stimson (1881), Burrill (1850)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

In the old sense of the word, borough is "an ancient towne, holden of the king or any other lord, which sendeth burgesses to the parliament." Litt. § 164; Co. Litt. 109a. Many of these boroughs, however, having been disfranchised in moaern times, are now only boroughs to this extent, that the land within them is held by tenure in burgage or subject to the custom of borough English \q. v.) At the present day, "borough" almost always means either a borough corporate, or municipal borough, or a parliamentary borough (see 1 Bl. Comm. 115; 1 Steph. Comm. 125), most, if not all, municipal boroughs being also parliamentary.. A parliamentary borough is a town which returns one or more members to parliament. See Parliamentary and Municipal Registration Act 1878, § 4. Some of these towns are ancient boroughs; others are towns on which the right of returning members has been conferred by statute. St. 2 Wm. IV. c. 45; 30 & 31 Vict. c. 102. In Scotch Law. A corporation organized under a royal charter. Bell, Diet. however, it is in common use, and denotes an incorporated town or village. Bright. Purd. Dig. 115; 23 Conn. 128. Borough, lynonymous with "town." 1 Bl. Comm. 114. Borough, synonymous with "village." 18 Ohio St. 496,

Ballentine's Law Dictionary

James A. Ballentine · 1916

A fortified town; a municipal corporation. See Ann. Cas. 1912A, 339.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

A town; a town of note or importance. Cowell. An ancient town. Littleton § 164. A town which sends burgesses to parliament, whether corporate or not. 1 Bla. Com. 115; Whishaw. A corporate town that is not a city. 1 M. & G. 1; Cowell.

In its more modern English acceptation, it denotes a town or city organized for purposes of government. 3 Steph. Com. (11th ed.) 33. See Town. It is impossible to reconcile the meanings of this word given by the various authors cited, except upon the supposition of a change of requirements necessary to constitute a borough at different periods. The only essential circumstance which underlies all the meanings given would seem to be that of a number of citizens bound together for purposes of joint action, varying in the different boroughs, but being either for representation or for municipal government. Many causes, in no two cases quite alike, went to make up the peculiar community which the 13th Century recognized as a borough. The borough community, though a different variety, is not a different genus from that of the other communities with which England of the early Middle Ages was peopled; 2 Holdsw. Hist. E. L. 257. See Burh; Brit. Borough Charters 1042-1216, by Bolland; Bateson, Borough Customs. In American Law. In Pennsylvania, the term denotes a political division, organized for municipal purposes; and the same is true of Connecticut and New Jersey. Sav. Bor. L. 4; Southport v. Ogden, 23 Conn. 128; see also Brown v. State, 18 Ohio St. 496; 1 Dill. Mun. Corp. § 41, n. In Scotch Law. A corporation erected by charter from the crown. Bell, Diet.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In English law. A town, a walled town. Co. Litt 108b. A town of note or importance; a fortified town. Cowell. 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. 109a; 1 Bl. Comm. 114, 115. A city or other town sending burgesses to parliament. 1 Steph. Comm. 116. A town or placo organised for local government. A parliamentary borough is a town which returns one or more members to parliament.

In Scotch law. A corporate body erected by the charter of the sovereign, consisting of the inhabitants of the territory erected into the borough. Bell.

In American law. In Pennsylvania, the term demotes 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 Dlll. 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, charter, or act of parliament, in particuiar 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 iuberits the estate in preference to bis 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, 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.'

Borough-reeve. The chief municipal officer in towns unincorporated before the municipal corporations act, (5 & 6 Wm. IV. c. 76.)

Borough sessions. Court9 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.

A Law Dictionary and Glossary

George C. Kinney · 1893

borow, burrough, burgh.

In American law. An incorporated town or village.

In English law. A town; a walled or fortified town; a town that sends a burgess or burgesses to parliament. Borough court: a private court of limited jurisdiction, held in a particular district for the prosecution of petty suits. Borough, borow, or burgh English: a custom of burgage tenure in certain old English boroughs and copyhold manors, by which land descended to the youngest son instead of the eldest, or if the owner had no issue, to his youngest brother. Borough-head, borow-head: the chief or headman of a borough. Borough-holder, borow-holder: v. Borhealder; Borsholder.

In Scots law. A corporate body created by charter and consisting of the inhabitants of the territory over which the charter extends.

A Dictionary of Law

Henry Campbell Black · 1891

In English law. A town, a walled town. Co. Litt. 108b. A town of note or importance; a fortified town. Cowell. 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. 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 erected by the charter of the sovereign, consisting of the inhabitants 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. 28 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 is supported by proof of the other.

A Dictionary of Law

William C. Anderson · 1889

1. A town, whether corporate or not, that sends burgesses to par Uament.' 3. A town or city organized for purposes of government.' In the United States, not extensively used with any precise meaning. In Connecticut and Pennsylvania, > Corr V. Sellers, 100 Pa. 170-71 (1883), cases, Mercur, J.; Laird v. Campbell, ib. 159, 165 (1882); Vinal v. Gilman, 31 W. Va. 301 (1883), ' 1 Greenl. Ev. §§ 474-78, cases; 1 Whart. Ev. §§ 662, 663, cases. = 1 Greenl. Ev. §§ 440, 497, cases; 1 Whart. Ev, §§ 664- 70, cases. As to medical books see, especially, Marshall V. Brown, 60 Mich, 148 (1883); Boyle v. State, 57 Wis. 472, 478 (18&31, cases; 60 Cal. 581. * 1 Greenl. Ev. § 104. » Burton v. Driggs, 20 Wall. 136 (1873). « 2 Pars, Contr, 111. a part of a township having a charter for municipal purposes. ' Borough and village may be duplicate names for the same thing.' See Town. Borough English. A custom prevalent in some parts of England (chiefly in old boroughs) by which the youngest son inherited the father's estate. So called to distinguish it from the Norman rule of primogeniture, q. v. The oldest sons were provided for as they grew up; the younger remained at home and might have been left destitute but for this law.= Burgess. 1. An inhabitant of a borough; also, the representative of a borough in the house of commons. 3. A magistrate of an incorporated town. 3. The chief administrative officer of an incorporated town.'

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

burg, Bourg,/r. A gess to Parliament.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

Borow, Burrough, Burgh. [L.Lat. burgus; L. Fr. burg, bourg, burghi\ In Eitglish law. A word which has been variously defined; as A town. Co. Litt. 108 b. An ancient town. Litt, sect. 164. Termes de la leg. A town of note or importance; a walled or fortified town. Cowell. See Burgus, A corporate town that is not a city. Cowell. An ancient town, holden of the king or any other lord, which sends burgesses to parliament. Co, Litt. 109 a. A town, whether corporate or not, that sends burgesses or members to parliament. 1 Bl. Com. 114, 115. A city, or other town, that sends burgesses to parliament. 1 Steph, Com. 116. A corporate town, or city, whether sending members to parliament, or not. English Munic, Corp. Act, 6 <fe 6 Will. IV. c. 76. A town or place organized for local government. P. Cyclopcedia. See Burgh, Burgus, Town, In American law, this word is not much used, and has not received any precise definition. In common speech it is generally employed to signify a town or village which has been incorporated; but it seems to be clearly distinguished from a city. As to the etymology of this word, two opinions have been maintained by English writers. Some derive it from the Sax. b^irg, hurh, byrg, byryg, Fr. burg, Lat. burgus; a place fortified or defended by a wall, mound or other enclosure. Termes de la ley. Spelman, voc. Burgus, Cowell, See Burgus, The present meaning of the German fturfl (a castle, fort, citadel,) favors this etymology. Others derive it from the Sax. borh, borhoe, a pledge, tithing, or decennary. Termes de la ley, Cowell, This opinion is supported by the derivation of the word town. 1 Bl. Com. 114, 115. See Toum. The signification of the term borough has undergone considerable fluctuation, as will appear from the definitions above given. The quality of not being a city is prominently claimed for a boro\igh by some of the best authors. Cowell. Blount. Stat. 2 Udw.