Page:Black's Law Dictionary (Second Edition).djvu/202

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CHARTEB.»PA RTY

La. Ann. 193, 3 South. 730; Drinkwater v. The spartan, 7 Fed. Cas. 1085. A contract of affreightnient in writing, by which the owner of a ship lets the whole or a part of her to a merchant, for the conveyance of goods on a particular voyage. in cunsideration of the payment of freight. 3 Kent, Comm. 201.

A Written agreement, not usually under seal, by which a ship-owner lets an entire ship, or it part of it. to a merchant for the convevance of goods, binding himself to transport them to a particular place for a sum of money which the merchant undertakes to pay as freight for their carriage. Maude & I’. Mer. Shipp. 227.

The contract by which a ship is let is termed a "charter-party." By it the owner may either let the capacity or burden of the ship, continuing the employment of the owner's master, crew, and equipments, or may surrender the entire ship to the charterer, who then provides them himself. The master or part owner may be a charterer. Civil Code Cal. I 1959; Civil Code Dak. § 1127.

CHARTERED SHIP. A ship hired or freighted; a ship which is the subject-matter of a charter-party.

CHARTERER. In mercantile law. One who charters (i. e., hires or engages) a vessel for a voyage; a freighter. 2 Steph. Comm. 184: 3 Kent, Comm. 13?; Turner v. Cross, 33 Tex. 218, 18 S. W. 578, 15 I... R. A. 262.

GHARTIS REDDENDIS. (For returning the charters.) An ancient writ which lay against one who had charters of feolfnient intrusted to his keeping and refueed to de- liver them. Reg. Orig. 159.

GI-IARTOPHYLAX. in old European law. A keeper of records or public instru- ments; a chartuiary; a registrar. Spelman.

CHARUE. Bcstes dc: charues;

In old English law. A plow. beasts of the plow.

CHASE. The liberty or franchise of hunting. one’s self, and keeping protected against all other persons, beasts of the chase within a specified district, without regard to the ownership of the land. 2 Bl. Comm. 414-416.

A privileged place for the preservation of deer and beasts of the forest, of a middle nature between a forest and a park. it is commonly less than a forest, and not endow- ed with so many liherties, as officers. laws, courts‘ and yet it is of larger compass than n parit, having more oliicers and game than a park. Ei'er_v forest is a chase, but every cuase is not I forest. It differs from a park

194

CHATTEL MORTGAGE

in that it is not inciosed, yet it must have ceitain metes and bounds, but it may be in other men's grounds, as well as in one‘: own. Manwood. 49.

—Oommon chase. In old English law. A place vihere all alike were entitled to hunt Illil animnls.

GHASTITY. Purity; continence. Thu! virtue which prevents the unlawful inter- course of the sexes. Also the state of purity or abstinence f10i].I unlawful sexual comic tion. People v. Brown, 71 Hun. 001, 24 | Y. Supp. 1111; People v. Kehue, 123 Cal. 224, 55 Pac. 911, 09 Am. St. Rep. 52; Stiile E Carron, 18 Iowa, 375, 8'?’ Am. Dec. 401.

—C'.lnute character. This term, as used in ststutes, means actuiii personal virtue, and no! reputation or good name. it may include fl character of one Who was formerly uncli but is reformed. Kenyon v. People, 26 R. . 203, 84 Am. Doc. 77; Bonk v. State. 51 430: People v. Nelson, 1.13 N. Y. 90. 40 N. 0-10 60 Am. St. Rep.

1 , 592; People V. 94 Mich. 630. 54 N. W. 488.

GI-IATTEL. An article of personal prop» erty; any species of property not amrlunlfi to a freehold or fee in land. People v. Hols, brook, 13 Johns. (N. Y.) 94; Hornbloiwcv Proud, 2 Bain. & Aid. 335; St.ite v. Bnrilrth 55 Me. 211; State v. Brown, 9 Bart. {Ten} 54, 40 Am. Rep. 81.

The name given to things which in law are deemed personal property. Chattcls are dir' into chattels real and chattels personal; tels real being interests in land which dev after the manner of personal estate, as lei.fi' holds. As opposed to frcehoids, they are gnrded as personal estate. But, as being teicsts in real estate, they are called "cl1:i‘ a real." to distinguish them from movahles, W are called "chattels personal." Mozley & iey.

Chattels personal are movahies only: tels real are such as savor only of the re Putnam v. W'esl;cott, 19 Johns. (N. Y.) 1 Hawkins v. Trust Co. (C. C.) Fed. 50: ' siirance Co. v. Haven, 95 U. 1. 2-! Il g; Knapp v. Jones. 143 I11. 375. 32 N.

The term "chattels" is a more romprehe one than “goods.” as it lncluflrs animate I I as inanimate property. 2 Chit. 'Bl. Comm. ?

note. In a flcvise, however, they S('l‘m to be $2 snme import. Shep. Touch. 447: 2 Fan q_ .

—«Cl:atte1 interest. An interest in CD11)‘ hereditaments loss than a freehold. 2 Evil. Cuinnx. :'.4_'.——Pex-soual chattels. ’1‘hin::s inv- nhle which may be annexed to or attenilnnl 1 the person of the owner, and carried about him from onn part of tiin iinrid to another. Bl. Comm. 3S7.—Itea1 chattels. Such as cocnern, or savor of, the i'cali_i'. such as Mill“ estates; interests issning out of, or nnneanl real estate; such chattel interests as deidw after the manner of realty. 2 Bl. Oomm Q

GI-IATTEL MORTGAGE.}} A.n ins ment of sale of personnlty conveying the tin of the property to the mortgagee with term] of defeaisance: and. II the terms of redemption are not complied with, then, at muinfli

law, the title becomes absolute in the unwri-