Page:Black's Law Dictionary (Second Edition).djvu/199

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


CHARACTER

son derived from the common report of the people who nrc acquainted with him. Smith v. State, SS Ala. 73, 7 South. 52; State v. Turner, 36 S. C. 534, 15 S. E. 602; Falinestock v. Slate. 2% Ind. 238; State v. Parker, 96 M0. 351’. 9 S. W. T28; Sullivan v. State, 66 Am. 48: Kimmel v. Kimmel, 3 Serg. & R. (Pu) 337. 3 Am. Dec. 672.

Character and reputation are not synonymous lel'mS. Lliai-ucter is What I. man or woman is morally, vi ie reputation is what he or she is l'4‘pl|t0(i to he. Yet reputation is the estimate which the community hns of a person's charae

er; and it is thc belief that moral character

is wanting in an individual that renders him unworthy of belief; that is to say. tlrit reputation is evidence of character, and if the reputa- lion is bad for truth, or reputation is bad in uiher respects uifecting the moral character. than the jury may infer that the character is bad and the witness not reliahle. General churiurtor has always been proved by proving ,-zciicriil reputation. Levcrich v. Frank. 6 Or. 2l3.

The word “character" no doubt has an ob- ‘ live and suhjective import, which are quite isnnct. As to the object, character is its quality. As to man, it is the quality of his mind, niiii his nifertions, his capacity and tempera- ment. But as a subjective term, certainly in the minds of otlhiars, one’s diaracter is the aggrrwiite, or the abstract of other men’s opin- |i|l'lS of one. And in this sense when a uituess spanks of the character of another witness for Irlth. he (Imus not upon. his memory alone, but his iidzment also. It is the conclusion of the Ii’ of the uitncss, in summing up the amount .-f iii] the reports he has heard of the man, and ilrt-luring: his character for truih, as held in the iiiiii;: of his neighbors and acquaintances, and in this sense character, general diaracter, and izrneriil report or reputation are the same, as big! in the books. Powers v. Leach, 26 Vt. _.

CHARGE, 1:. To impose a burden. oh- ligntion, or iieu; to create a claim against prapelty: to claliu, to demand; to accuse; to instruct a jury on matters of law.

in the first sense above given, a jury in a criminal case is “charged" with the duty ni trying the prisoner (or, as otherwise ex- iiroued, with his fate or his "dellye1'auce") IS sum as they are impaucled and suorn, Mal iitthis moment the prisoner's legal “jeop- iirdy" begins. This is altogether a ditierent iutter from "chargin1;” the jury in the sense at giving them instructions on matters of liw, which is a function of the court. Tom- Dui v. State. 112 Tenn. 596. 79 S. W. 803.

CHARGE, ii. In general. An incum- I-nnce, lien, or burden; an obligation or illxy; a liability; an accusation. Darling v.

3011-1 22 Wend. (N. Y.) 491.

In oonti-acts. An obligation, binding up- nn him who enters into it, which may he i-awrvd or taken away by a discharge. Terincs de la boy.

An hdtliilkiflg to keep the custody of an- other im-soiis goods. State v. Clark, SC Me. i94. 3! Ali. 984.

.\n riliilgation entered into by the owner of -1 wife, which binds the estate for its perfmirimr. Com. Dig. "Rent," c. 6; 2 Bali & B. '23.

191

CHARGE DES AFFAIRES

In the law of wills. A responsibility or liahility imposed by the testator upon a devisee personally, or upon the land devised.

In equity pleading. An allegation in the bill of mntteis which disprove or nvoiil a defense which it is alleged the defenilaut is supposed to pretend or intend to set up. Story, Eiq. Pl. § 31.

In equity practice. A paper presented to a master in chancery by a party to a cause, being a Written statement of the itcms with which the opposite party should be debited or should account for, or of the claim of the party mal.ing it. It is more compre- hensive than a claim, which implies only the amount due to the person producing it, while a charge may emhrnce the whole liabilities of the accounting party. Hctt. Mast. 36.

In common-law practice. The final address made by a judge to the jury trying a case. before they make up their verdict, in which he sums up the case, and instructs the jury as to the rules of luw which apply to its various issues, and which they must oh- serve, in deciding upon their verdict, when they shall have determined the coutrorertsd matters of fact. The term also applies to the address of the court to a grand jury, in which the latter are instructed as to their duties.

In Scotch law. The command of the

kings letters to perform some act; as a charge to enter heir. Also a messengers ex- ecution, requiring a person to obey the order oi’ the king's letters; as a charge on letters of hoi-ning, or a charge against a Sll[lEl'l0I‘. Bell. —Gene:-iii charge. A charge or instrnction by the court to the jury upon the case as a whole, or upon its general features or characteristics.—Specia1 charge. A charge or instructiou given by 1hc court to the jury. upon some particular point or question involved in the case, and usually in response to counsel's request for such instruction.

CHARGE AND DISCIIARGE. Under the former system of eqiiity practice, this phrase was used to characterize the usuai method of taking an account before a master. After the plnintiti had presented his "charge," a written statement of the items of account for vshicli he asked credit, the detend-int filed a counter-statement, called a ‘‘discharge, exhibiting any claims or demands he held against the pliiiutiff. These served to define the field of investigation, and constituted the basis of the report.

CHARGE DES AFFAIR!-IS. or CHARGE D'AP.FAIRES. The title of a diplomatic representative of inferior rank. He has not the title or dignity of a minister, though he may be charged with the functions and nifices of the latter, either as a temporary substitute for a minister or at a court to which his government does not accreilit a minister.

D

E

G

H

I1

In re Balz, 135 U. s. 403, 10 Sup. M