Page:Black's Law Dictionary (Second Edition).djvu/200

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CHARGE—SHEET

Gt. 854x 34 L. Ed. 222; Hollander v. Baiz (D. C.) 41 Fed. 732.

CHARGE-SHEET. A paper kept at a police-station to rec-eiie each night the names of the persons brought and given into cus~ tody, the nature of the accusation, and the name of the accuser in each case. It is under the care of the inspector on dnty. Wharton.

CHARGE TO ENTER HEIR. In Scotch law. A writ commanding a peison to enter heir to his predecessor within forty days, otherwise an action to be raised against him as if he had entered.

CHARGEABLE. This word. in its ordinary acceptation, as applicable to the imposition of a duty or burden, signifies capable of being charged, suh,ii=.ct to be charged. liable to he charged, or piopcr to be charged. Gil- fillan v. Chattertou. 38 Min. 335, 37 N. W. 583; Walhridge v. Walbridge, 46 Vt. 625.

Cl-IARGEANT. expensive. Keihain.

Weighty: heavy : penal ;

C]-‘i'_ARGl-:5. The expenses which have been incurred, or disbursements made, in connection With a contract, suit, or business transaction Spoken of an action, it is said that the term includes more than what falls under the technical description of “costs."

CHARGING LU-IN’. An attorney’s lien, for his proper compensation, on the fund or jukmeiit which his client has recovered by means of his professional aid and services. Goodrich v. l\l(-Donaiii. 112 N. Y. 157, 19 N. E. 649; Young v. Renshaw. 102 Mo. App. 173, 76 S. W. 701; Ex parte Lehman, 5!) Ala. 632; Koons v. Beach, 147 Ind. 137. 45 N. E. 601, 46 N. E. 537; In re Wilson (I). G.) 12 Fed. 239: Sewing Mach. Co. v. Boutclle, 56 Vt. BTU, 48 Am. Rep. 762.

CHARGING ORDER. see ORDER.

CHARITABLE. Having the character or purpose of a charity, (q. 1:.)

—Clmrital11e institution. One administering a public or private charity; an eleeniosynary institution. See People v. Fitch. 16 Misc. Rep.

9 N. Y. Supp. 926; Bnlch v. Shaw. 174 Mass. 144, 54 N. E. 4'30; People v. New York Soc., etc.. 162 ‘V. Y. 429, 50 N. E. 1004; in re Vineland Historical, etc. Soc.. 66 N. J. Eq. :91. 56 At_i._1040.—Clinx-ito.l1le uses or purposes. Originally those enumerated in the statute 43 E-li7.. 1-. 4, and afterwards those wbich, by analogy, come within its spirit and purpose. In its present usage» the term is so brand as to include almost everything which tends to promote the physical or moral wel- fare of man. provided only the distribution of benefits is to be free and not a source of profit. In respect to gifts and devises, and also in re— spect to freedom from taxation, charitable uses and purposes may include not only the relief of poverty by alnis-giving and the relief of the indigent sick and of homeless persons by means

192

CHARITY

of hospitals and nsyluins, but also religious instrn_ction and the support of churches, the dissemination of knowiedge by means of schools and colleges, iibraries, scientific academies, and museums, the special care of children and of prisoners and released convicts, the benefit of handicraftsmen, IJJE erection of public baldings, and reclamation of criminals in peni—itiai-ies and reforinatories. Hence the non! “cbaritable" in this connection is not to he understood as strictly equivalent to "elivmv yn'iry." but _us the synonym of "benevolent" or "philanthropic." Beckwitb v. Parish, 69 Ga. 569: Price v. Maxweli 28 Pa. 2-}: Websn=_r v. Sugbrow, (so N. H. 330, 45 Ali. 139, -is L. R. A. 100; Ja.cl(son v. Phillips. 14 Allen llllass.) 539' Harrington v. Pier. 105 Wis. 43". 82 N. '. ’ A. 307. '76 A.m.q


-1 . 5 U S. 303.

pit'il. . 2-1 L. Ed

v. Taylor. 150 a. 565 25 All, a e'v:

Purcell. 25 Obio St. 229: Philadelphia Li Co. v. Donobugh. 12 Philn. (I’a.) 234: .

5 v. Easton. 74 Fed. 854. 21 G. G. A. 46, e v. Laramie County, 8 “'37 . 10-1. 55 Pic. -ii G1-nlding v. Church. 25 B. I. 618, 57 At]. 8&0, (iii L. B. A. 22'), 105 Am. St. Rep. 90L.

1'5’ xvrt Sr

CEARITY. subjectively, the sentiment or motive of benevolence and philanthropy; the disposition to relieve the distressed. Ob- jectively, aims-giving; acts of benevolence; relief, assistance, or services accorded to the needy without return. Also gifts for the promotion of philanthropic and humanitarian purposes. Jackson v. Phillips, 14 Allen (Mass) 556; Vidal v. Glrard, 2 How. 127. 11 L. Ed. 2053; Historical Soc. v. Academy of Science, 94 Mo. 4w. 8 S. W. 346.

The meaning of the word “cliarity." in its le gal sense, is different from the signification “hich it ordinarily bears. In its legal sense, it includes not only gifts for the benefit of the poor, but endowments for the advancement of learning, or institutions for the encouragement of science and art, and, it is said, for any other useful and public purpose. Gerke v. Pur- cell. 25 Ohio St. 243.

Charity, in its widest sense. denotes all the good alfections men ought to boar towards each other; in a restricted and common sense, relief of the poor. Moi-ice v. Bishop of Durham, 9

cs. u .

Charity, as used in the Massachusetts Sunday inw. includes whatever proceeds from a sense of moral duty or a feeling of_ kindness and bu- manlty, and is intended wholly for the purpose of the relief or comfort of another, and not for one‘s own benefit or pleasure. Doyle v. £l']IIl'0€l(] Co., 118 Mass. 195, 197, 19 Am. Rep.

31.

—Foreign charity. One created or endowed in a state or country foreign to that of the doin- icile of the benefactor. Taylor’: Ex’ts v. Trustees of Bryn l\Iaur College, 34 N. J. Eq. l0‘l.—Pnli].ic charity. In this phrase the word "public" is used. not in the sense that it must be executed openly and in public, but in the sense of being so general and inilefinihs in its objects as to be dL‘ei_1\I_!li of common and public benefit. Each individual inimndiately benefited may be private, and the chnrity_may be distributed in private and by I1 pnvnhs hand. It is public and general in its sc-is and purpose, and becomes definite and prirnto only after the individual objects bove l)M‘|"l. se- lected. Saltonsfall v. Sanders, 11 Allen l]\l_ass.) 45:. Pure charity. One which is enhrely gratuitous, and which KIISDOHSFS its benefits without any cbarze or pccunian‘ return whatever. See In re Keerb's Estate (Surr.) 7 N. Y.

Supp. 331; In re Iienox's Estate (Surr.) 9 N.