_Bottomry Bonds._--A bottomry bond is a contract of hypothecation by
which the owner of a ship, or the master as his agent, borrows money
for the use of the ship to meet some emergency, e.g. necessary
repairs, and pledges the ship (or keel or bottom of the ship, _partem
pro toto_) as security for repayment. If the ship safely accomplishes
her voyage, the obligee gets his money back with the agreed interest:
if the ship is totally lost, he loses it altogether.
_Lloyd's Bonds._--Lloyd's bonds are instruments under the seal of a
railway company, admitting the indebtedness of the company to the
obligee to a specified amount for work done or goods supplied, with a
covenant to pay him such amount with interest on a future day. They
are a device by which railway companies were enabled to increase their
indebtedness without technically violating their charter. The name is
derived from the counsel who settled the form of the bond.
_Debenture Bonds._--Debenture bonds are bonds secured only by the
covenant of the company without any floating or fixed charge on the
assets. (See DEBENTURES AND DEBENTURE STOCK.)
_Recognizance._--A recognizance differs from a bond in being entered
into before a court of record and thereby becoming an obligation of
record.
_Heritable bond_ is a Scots law term, meaning a bond for money, joined
with a conveyance of land, and held by a creditor as security for his
debt.
For goods "in bond" see BONDED WAREHOUSE. (E. Ma.)
FOOTNOTE:
[1] This word, meaning "that which binds," is a phonetic variant of
"band," and is derived from the Teutonic root seen in _bindan_, to
bind; it must be distinguished from the obsolete "bond," meaning
originally a householder. In the laws of Canute this word is used as
equal to the Old English _ceorl_ (see CHURL), and thus, as the
churl's position became less free after the Norman Conquest, the
"bond" approximated to the "villein," and still later to the "serf."
The word is in Old English _bonda_, and appears in "husband"
(q.v.), and is derived from the root of the verb _bua_, to dwell,
to have a house, the Latin _colere_, and thus in origin is cognate
with German _Bauer_ and English "boor." The transition in meaning to
the idea of serfdom, and hence to slavery, is due to an early
confusion with "bond," from "bind." The same wrong connexion appears
in the transition of meaning in "bondage," properly "tenure in
villeinage," but now used as synonymous with "slavery." A trace of
the early meaning still survives in "bondager" (q.v.).
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account