Page:Black's Law Dictionary (Second Edition).djvu/197

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


lurermeddles officlously. Thus every cham- 1ici‘ty includes maintenance, but not every iniitutcniince is champerty. See 2 Inst. 208; Sloininburg v. Marks, 79 Ind. 196; Lytle v. State, 17 Ark. 624.

CHAMPION. A person who fights a combat in his own cause, or in place of another. 'nie poison who, in the triai by battel, fought em»: for the tenant or demandant. 3 Bl. L\‘l11l].l. 339. —Champion of the king or queen. An Ancient officer, whose duty it was to ride arm- ou‘ L-up—d—pn". into Wcsmiiuster Hall at the col‘ on.ition, while the king was at dinner, and, by the pracianiaitioii of a herald. make a diallenge "Lliut, if any man shall deny the king's title to the crown. he is there ready to deiend it in single combat." The king drank to him, mid sent him a gilt cup covered. full of uine, which the clia-iipiou drunk. retaining the cup for his fee. 'i'uis ceremony, long discontiiiurd, vias re- rived at the coronation of George lV., but not niieiwards. \\ harton.

CHANGE. In criminal law. An acci- dent; an unexpected, unforeseen, or unintended consequence of an act; a fortuitous event. The opposite of Intention, design, or calitrlvaiice.

'lhcrr> is in wide difference between chance and iiilulviiz. The one is the intervention of some iulmlb'l—for circumst-ince to prevent an ex- isrled result: the other is the uucnlcalated effitt of mere luck. The shot discharged at random strikes its object by chance; that which is turned aside from its well-directed aim by some unforeseen circumstance misses its mark hp accident. Pure chance consists in the en-

, absence of all the means of calculating results: accident, in the unusual preicntion of an eliect naturally resulting from the means employed. Hiuiess v. U. Morris (Iowa) 173. —()hnnce verdict. One determined by hazard or lot, and not by the deliberate understanding and iigreemenr of the jury. Goodman v. Cody, 1 Wash '1'. 335. 34 Am. Rep). 803: Dixon v. Pliius. 98 Cal. 3st 33 Pac. -68. 20 L. R. A. ii9‘3. 35 Am. St. Rep. 180; Improvement 00. v. Adams. 1 0010. App. 250, 28 Pac. 662.

CHANCE-MEDLEY. In criminal 1aW. A sudden atrray. This word is sometimes applied to any kind of hoiniclde by misad- venture, but in strictness it is applicable to such killing only as happens in defending Dlle'F sell’. 4 Bl. Comm. 184.

CEANGEL. In ecclesiastical law. The part of a church in which the commurtlori bible stands; it belongs to the rector or the liiqiropriutur. 2 Broom & H. Comm. 420.

OHANGELLOR. In American law, this is the name given in some states to the jifie (or the presiding judge) of a court of

¢-cry. In England. hesides being the bkmvtion of the chief judge of the court fl "haucery, the term is used as the title of rural judiciiii officers attached to hishops or other high dignitaries and to the univer- Ih (See infra.) In Scotch practice, it dawn the foreman of an assise or jury. —(:l.ia.neellor of a. cathedral. In English I(.\1fl1S|.l\.l]l law. One of the qiuzmor porsomz,



or [our chief dignitaries of the cathedrals of the old foundation. The duties assigned to the office by the statutes of the different Lil[l1.ltel‘S vary, but they are chiefly of on educational character, with ll. special reference to the cul- tivation of theology.—-Chancellor of .a diocese. In ecclesiastical law, the officer appointed to assist a hisliop in. matters of law, and to hold his consistury courts for him. 1 Bl. Comm. 33' 2 Staph. Comm. G72.—Chancellor of a university. In English law. The Official head of a university. His principal prerogative is to hold a court with jurisdiction over the members of the university, in which court the vicechancellor presides. The office is for the most jlnrt houoral‘y.—Chnnoellor of the duchy of Lancaster. In Eii:,'llsh law. An officer before whom, or his deputy, the court of the duchy chamber of Lancaster is held. This is a spcci l jurisdiction concerning all manner of equity le- latine to innds holden of the Fog in ri:E.i of the duchy of Iancaster. Hob. Ti: 3 El. Comm. 7SL—Chancel.'lor of the ex-zhequer. In Env- lisli law. A high ollicer of the crown, who formerly sat in the cxchaqucr court, and. together with the regular ridges of the court, S'i\\ that things were conducted to the kins‘: benefit. In modern times. however. his duties are not of a judicial character, but such as pertain to a minister of state charged with the man-i:;enient of the national revenue and expenditure.—Chnnce].lor of the order of the garter, and other military orders. in England, is an officer who seals the commissions and the mandates of the chapter and assembly of the knights. keeps the rs-,-_-islcr of their prorcndi N. and d(‘].lVt-‘l‘.§ their acts under the seal of t‘ eir crder —Cha.nI:cl.lox', the lord high. In Loglund. this is the highest judicial fiinctionnry in the kingdom, and superior. in point of precedecny. to everv temporal lord. He is appointed by the delivery of the king's great seal into his custody. He may not be a Roman Catholic. He is a cabinet minister, a privy counseil r, and prolocutor of the house of lords by pre 1:- tion, (hut not necessarily. though nsunlly, a peer of the realm.) and vacates his office with the ministry by which be was appointed. To him hclongs the appointment of all justices of the peace throiigiliout the liiugdoni. Being. in the earlier riods of English history. usually an ecclesiastic. (for none also were than capable of an office so conversant in writings.) and presiding over the royal chapel. he became lienncr of the sovercign's conscience. visitor. in right of the crown, of the hospitals colleges of royal foundation, and patron of all the crown linings under the value of twenty marks pi-r izmiu-m in the king‘s hooks. He is the ct-nerai guardian of all infants. idiots, and lunati , and has the general snperintendence of all char‘ able uses, and all this, over and above the vast and extensive jurisdiction which he exercises in his judicial capacity in the supreme court of judiciiture, of which he is the head. Wharton.- Vice-chancellor. In English iavv. A judge of the court of chiincery, acting as assistant to the lord chancellor, and holding a separate court, from Whose judgment an appeal lay to the chancellor. 3 Steph. Comm. 418.

CI-IANCELLORIS COURTS IN THE TWO UNIVERSITIES. In English law. Courts of local jurisdiction in and for the two universities of Oxford and Cambridge in England.

CHANCERY. Equity; equitable juiis(1iction; a court of equity; the system of ju- rlsprudence administered in couits of equity. Kenyon v. Kenyon. 3 Utah, 431, 2-1 Pac 82. Sullivan v. Thomas, 3 Rich. (S. C.) 531. Sec Counr or CHANCEIIY.