Page:Black's Law Dictionary (Second Edition).djvu/203

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gagee. Means v. Montgomery (C. C.) 23 Fed. 421; Stewart v. Slater, 6 Duer (N. Y.) 99.

A transfer of personal property as security for a debt or obligation in such form that, upon failure of the mortgagor to comply with the terms of the contract, the title to the property will be in the mortgagee. Thomas, Mortg. 427.

An absolute pledge. to become an absolute interest if not redeemed at a fixed time. Cortelyou v. Lansing, 2 Caines, Cas. (N. Y.) 200, per Kent. Ch.

A conditional sale of a chattel as security for the payment of a debt or the performance of some other obligation. Jones. Chat. Mortg. I 1. Alferitz v. Ingalls (C. C.) 83 Fed. 964; People v. Remington, 59 Hun. 282, 12 N. Y. Supp. 824. 14 N. Y. Supp. 98; Allen v. Steiger, 17 Colo. 552, 31 Pac. 226.

A chattel mortgage is a conditional transfer or conveyance of the property itself. The chief distinctions between it and a pledge are that in the latter the title, even after condition broken. does not pass to the pledgee, who has only a lien on the property, but remains in the pledgeor, who has the right to redeem the property at any time before its sale. Besides, the possession of the property must, in all cases, accompany the pledge, and, at a sale thereof by the pledgee to satisfy his demand, he cannot become the purchaser; while by a chattel mortgage the title of the mortgagee becomes absolute at law, on the default of the mortgagor, and it is not essential to the validity of the instrument that possession of the property should he delivered, and, on the foreclosure of the mortgage, the mortgagee is at liberty to become the purchaser. Mitchell v. Roberts (C. C.) 17 Fed. 778: Campbell v. Par-???

. N. Y. Super. Ct. 322; People v. Rem- 59 Hun. 2'32, 12 N. 1. Supp. 824, 14 N. p. 98: l\lcCo_r v. Lassiter. 95 N. C. 91: in Ross. 36 Cal. 414; Thurber v. Oliver )20 Fed. 234; Thompson v. Doliirer, 132 . 103; Iiohhan v. Garnctt, 9 Dana (Ky.)

be material distinction between a pledge and I mortgage of chattcls is that a mortgage is a cilflunce of the legal title upon comiiti u, and II fillrs absolute in law if not redeemed by a time; a pledge is a deposit of goods. re- . iilile on certain terms. either with or with- a Ired period for redemption. In pledge, grail property does not pass, as in the of mortgage, and the pawnee has only a is! property in the thing deposited. The use must choose between two remedies,—a ‘in choacery for a judicial sale under (I de- of foreclosure or a sale without judicial

s. on the refusai of the debtor to redeem,

reasonable notice to do so. Evans v. Dar- ll Bliltltf. (Iud.) 320. ii a condition-izl min the purchaser has merely I to repurchase, and no xleht or obligation on the part of the vendor; this distinnivii a sale from a mortgage. Weathersi: 5 Weamersb, 40 Miss. -101’. 90 Am. Dec. 344.

CHAUD-MEDLEY. A homicide com- ni|u.r>d in the heat of an affray and while un- lhg influence of passion; it is thus disisbed from chance-mccllcz/, which is the of a man in a casual affray in self-de- 4 Bl. Oomm. 184. See 1 Russ. Crimes,

CHAIIMPERT. A kind of temire men- rl in a patent of 35 Edw. III. Cowell; t.

CHAUNTRY RENTS. Money paid to the crown by the servants or purchasers of chauntry-lands. See CHANTRY.

CHEAT. Swindling: defrauding. “Deceitfui practices in defrauding or €n(ll’fl‘1)f/‘l‘- -ing to defraud another of his known right. by some willful device, contrary to the plain rules or common honesty." Hawk. P. C. b. 2, c 23, 5 1. “The fraudulent obtaining the property of another by any deceitful and ille- gal practice or token (short of felony) which afiects or may affect the public." Stepb. Cri.i_n. Law, 93.

Cheats, punishable at common law, are such cheats (not amounting to felony) as are effected by deceitful or illegal symbols or tok- ens which may affect the public at large, and against which common prudence could not have guarded. 2 Wharf. Crliii. Law, § 1116; 2 East, P. C. 818; People v. Bahcock. 7 Johns. (N. Y.) 201, 5 Am. Dec. 256: You isluniizi v. Frash (C. C.) 56 Fed. 336; State v. Parker, 43 N. H. 85.

GI-IEATERS, or ESGHEATORS, were officers appointed to look after the king's eschcats, a duty which gave them great opportunities of fraud and oppression, and hi consequence many complaints were made of their misconduct. Hence it seems that a cheater came to signify a fraudulent poison, and thence the verb to cheat was derived. Wharton.

CHECK, 9. To control or restrain: to hold within bounds. To verify or audit. Particularly used with reference to the control or supervision of one department, hu- reau, or office over another.

—CIieek-roll. In English law. A list or book, containing the names of such as are attendants on, or in the pay of, the queen or other great personages, as their household servants.

CHECK, n. A draft or order upon a bank or banking-liouse. purporting to be drawn upon a deposit of funds, for the payment at all events of a certain sum of money to a certain person therein named, or to him or his order, or to bearer, and payable instantly on demand. 2 Daniel, Neg. inst. § 1506; Bank v. Patton, 109 Ill. 48-}: Dougiass v. Wilkeson, 6 Wend. (N. Y.) 643; Thompson v. State. 49 Ala. 18; Bank v. Wheaton, 4 R. 1. 33.

A check is a bill of exchange drawn upon a bank or baniier, or a person described as such upon the face thereof, and payable on demand, without interest. Clv. Code Cal. § 3.254; Clv. Code Dak. § 1933.

A check rliffc-rs from an ordinary bill of ex- change in the following paillcuiuis: (1) It is diswn on in bank or bankers, and is payable im- mediate] on. resentment. Without any days of grace. .) It is payable immediately on present- ment, aud no acceptance as_ distinct from pay- ment is required. (3) By its terms it is supposed to be drawn upon I1 previous deposit of

funds, and is an absolute appropriation of so