B O V 



363 



B O U 



able to discover any decided case, or authority in the 

 law to warrant the doctrine laid down by the learn- 

 ed judges, that the lender of money on bottomry was 

 riot entitled to the benefit of salvage at common law. 



We have already said, that the lender is not liable 

 for any loss arising from the defects of the thing, 

 upon which the loan is made, or from the misconduct 

 of the borrower. Thus, if the ship be not sea worthy, 

 and perish by age, rottenness, or any such cause, or 

 if the goods perish of themselves, or if the voyage be 

 changed by order of the owners, or any loss happen 

 by the barratry of the master, or by the misconduct 

 of the merchant ; in such cases the borrower is not 

 discharged, unless there be an express stipulation, 

 which shall render the lender liable for every loss not 

 occasioned by the act of the borrower. The lender 

 is only answerable for losses that occur within the 

 time and place specified in the contract ; and if the 

 ship deviate from the course of her voyage, without 

 necessity, he will not be liable for any loss that may 

 subsequently happen. If the period of the com- 

 mencement and end of the risk be not specified in the 

 bond, the risk, as to the ship, shall commence from 

 the time of her setting sail, and continue till she an- 

 chors in safety at the port of her destination ; and as 

 to the goods, from the time of their being shipped, 

 until they are safely landed. 



The rate of marine interest allowed to be reserved 

 on bottomry contracts, was, by the old Roman law, 

 left indefinite, until the time of Justinian, who, in 

 these and certain other special cases, permitted the 

 larger interest, called usura centesima, or one per 

 cent, monthly, to be taken. ( Voet ad Pandect. Lib. 

 2'2. Tit. 1. & 2.) In modern times, the rate of 

 marine interest has not been regulated according to 

 any precise standard ; but is always allowed by 

 course both of law and equity, however exorbitant 

 it may seem, provided the money lent be bonajidc 

 put in risk. The interest commences and terminates 

 with the risk ; and, upon the cessation of the risk, if 

 the borrower delays the payment, common interest be- 

 gins, ipsojure, to run on the principal, exclusive of 

 the marine interest. See H. Bodini, Diss. de Code- 

 meria. Halae, 1697. Cocceii, Diss. de Codemrria, 

 1683. Magen's Essay on Insurances. Park's Sys 

 tern itf the Law of Marine Insuian es. Marshall's 

 Treatise on the Law of Insurance, (x) 



BOTTOMRY, BiUorBondof, is the deed or wri- 

 ting between the parties in a contract of bottomry. 

 (See the preceding article.) For the form of such a 

 deed, see Jacob's Law Diet, and Marshall on Insu- 

 rance, vol. ii. Append, p. 718. (z) 



BOTTS. See OESTHUS, ENTOMOLOGY Index ; 

 and the Transactions o/'the Lintuean Society, vol. iii. 

 p. '289. (m) 



BOTZEN. See BOLZANO. 



BOVA, a town of Naples, in the province of Ca- 

 labria Ultra. It is situated near the sea, on the brow 

 of a hill, at the foot of the Appennines, and is dis- 

 tant about 30 miles from Reggio. For the only re- 

 cent account of this town, we are indebted to Mr 

 Swinburne. " Being out of the way of trade and 

 agriculture," says this intelligent traveller, " it can 

 boast of neither wealth nor agriculture. Most of the 

 inhabitants are of Greek origin and rite, - - - having 



emigrated from Albania a few centuries ago. 

 The Albaneae continued to come over, so late as the 

 reign of Charles V. and their numbers increased very 

 sensibly. At present they amount to one hundred 

 thousand at lejst, dispersed in a hundred village", 

 or towns ; but many of these settlements are wretch- 

 edly poor, and much decayed : those in the neigh- 

 bourhjod of Bova remarkably so. The villagers carry 

 corn, cheese, and butter to Reggio ; but that being 

 a poor mart, has but small demands, and a little 

 circulation of money. Their common language is 

 Albanese. The men can speak Calabrese ; but the 

 women, who neither buy nor sell, understand no 

 tongue but their own, which they pronounce with 

 great sweetness of accent. - - - The Greek rite is 

 now observed in the province of Cosenza alone, the 

 ministers and bishops having, by degrees, persuaded 

 or compelled the other Albanese to conform to the 

 Roman liturgy and discipline. - - - These Albanesc- 

 are a quiet industrious people, and their women 

 remarkable for regularity of conduct. In their 

 dress they preserve the costume of Illyricum, from 

 whence their forefathers came. The most beautiful 

 women are generally given in marriage to clergymen, 

 and are exceedingly proud of their husbands, for 

 among them priesthood is the highest nobility. 

 When an ecclesiastic dies, his widow never enters into 

 a second engagement, because none but a virgin can 

 aspire to the hand of a priest, and any other is be- 

 neath her acceptance." See Swinburne's Travels in 

 the tu;o Sicilies, p. 348 354. ( * ) 



BOUCHAIN, a small town of France, in the de- 

 partment of the North. It is situated on the Scheldt, 

 about three leagues south west of Valenciennes, and 

 carries on a considerable trade in corn and cattle. 

 The fortifications of this town are remarkably strong. 

 By means of the sluices, which are admirably con- 

 structed, and well placed, the greater part of the ad- 

 joining country can be inundated at pleasure; so that 

 it would be very difficult to take this fortress, when 

 well supplied by provisions. The town itself is very 

 mean, and the buildings falling to ruin. " The inha- 

 bitants," says M. Bygge, " seem to share the same 

 fate, for you meet with poverty in every part of it." 

 Population, 1128. .See Bygge's Travels in the 

 French Republic in 1798, p. 65. (j) 



BOUGAINVILLE'S ISLAND. See BOUKA. 



BOUGIE. See SUUGEIIY. 



BOUGUER, PE'( EH, a celebrated mathematician 

 and natural philosopher, was born at Croisic, in the 

 department of the Lower Loire, on the 10th of Feb- 

 ruary, 1698. At a very early age he was initiated 

 into the study of the mathematical sciences, by his 

 father, who was Royal Professor of Hydrography, 

 and who had published, in 1698, an excellent and com- 

 plete treatise on navigation. Under such favourable 

 circumstances, it was not surprising that Bouguer 

 should have made rapid advances in his favourite 

 study. We are told by the author of his Eloge, that 

 when he was only 1 1 years old, he gave instructions to 

 his regent, in the Jesuits college at Vannes, and that, 

 at the age of 13, he detected an error committed by a 

 professor in mathematics ; but we require some infor- 

 mation respecting the regent and the professor, before 

 we can estimate the merit of these juvenile efforts. 



