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Bottomry

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

A contract in the nature of a mortgage, by which the owner of a ship, or the master, as his agent, borrows money for the use of the ship, and for a specified voyage, or for a definite period, pledges the ship (or the keel or bottom of the ship, pars pro to to) as a security for its payment, with maritime 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 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 Sumn. (U. S.) 157; Abb. Shipp. 117-131.

Where the loan is made on the credit of the cargo alone, the contract is called respondentia (q. v.) BOUCHE (Fr. mouth). Ne gist en U bouche, it does not lie in the mouth, i. e., it is not for one to say.

Litt. § 58.

A phrase still used

En bouch del lay gents, in the mouth of the common people.

Cro. Jac. 700.

II port meate en son bouche, it supports itself.

Dyer, 28 (Fr. Ed.).

Said of a deed. An allowance of provision. Avoir bouche a court, to have an allowance at court; to be in ordinary at court; to have meat and drink scot-free there. Blount; Cowell, "Munitions de Bouche;" Ord. Mar. liv.

3, tit. 8, art. 11.