Page:Black's Law Dictionary (Second Edition).djvu/205

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


CHILD

opposite of "adult," and means the young of the human species, (generally under the age of puberty,) without any reference to parentage and without distinction of sex. Miller v. Finegan, 26 Fla. 29, 7 South. 140, 6 L. R A 813.

—Child's part. A "child's part," which a widow, by statute in some states, is entitled to take in lieu of dower or the provision made for her by will, is a full share to which a child of the decedent would be entitled, subject to the debts of the estate and the cost of administration up to and including distribution. Benedict v. Wilmarth, 46 Fla. 535, 35 South. 84 — Natural child.}} A bastard; a child born out of lawful \\iIlIn('li. But in a statiile declaring that adopt- Ell shall have all the rights of "natural" chil- dr':'l, the word "natural" “as used in the sense nl "Ii-» tilnate" Burns v. Allen, 9 Am Law I: ( . S.) 747. In Louisiana. Illegitinieile cllfdrl-n who have been adopted by the father. i'.v. Code La. art. 220 In the civil law. A «Hld by natural relation or procreation; a child by birth, as distinguished from a child b adop- llIIlL Inst. 1, 11. pr.; Id. 3, 1. 2; Id. 3. pl’. .-i .-I-‘vld by concubinage, in coniradistinction to n and by marriage. Cod. 5, 27.—Quasi. post- humous child. In the dvil law. One wh , ix-ru during the life of his grandfather or other iule uoendant, was not his heir at the time he niaiie his testament, but who by the death of his father became his heir in his life-time. Inst.

13. 2; Dig. 28, 3. 13.

CHILDREN. Offspring; progeny. Legitimate otfspringg children born in wedlock. Hell v. Phyn, 7 Ves. 458.

The geneisi rule is that "children." in a be- quest or devise, menus legitimnte children. Under a devise or bequest to children, as a class. ii.-tursl children are not included. unless the tpIiitor's intention to include them is manifest. -iilier by express designation or necessary implicillonl Heater v. Van Auken, 14 N. J. 134;. 159; Gardner v. Ileyer. 2 Paige (N. Y.) 11.

in deeds, the word "children" signifies the im- mediate descendants of a person. in the ordinary sense of the word, as contradistinguished from nine; unless there be some accompanying expressions evidencing that the word is used in In enlarged sense. Lewis, Perp. 196.

in wills, where greater latitude of construction is allowed. in order to eifect the obvious inhniinn of the testator, the meaning of the word mes been extended, so as to include drew, and it h is been held to be synon- ynns with issue. Lewis, Pe . 195, 196; 2 (‘film Real Prop. pp. 38, 39, ?§ 983, 939; 4 K11, Comm 3-15. 346, note.

‘ibe word "heirs," in its natural signification. Is a word of limitation; and it is presumed to be Iled in that sense. unless a contrary intention appeals. But the term “chlldren.' in its natural sense, is a word of purchase, and is to be [alien to have been used as such, unless Lhere are mlier expressions in the will showing that E; leatator intended to use it as a word _of lim-

- only. Sanders, Matter of. 4 Paige (N. 3] 513: Rogers v Rogers, 3 Wend. (N. Y.) 503, 21- Am. Dec. 716. in the natural and primary sense of the word ‘ lino." it implies immediate offspring, and, in l-(iii acceptntion. is not a wort] of limi- ls unlus it is absolutely necessary so to whine iii in order to give effect to the testa- ic ulnuntion. Eciiols v. Jordan, 39 Ala. 24. ldioa" is ordinarily a word of description, I all to persons standing in the same relation, m nu the same effect as if all the names were Iflln but heirs, in the absence of controlling or , to words, inciudes more remote descan ants, an is to be applied per etirpea. Baicom v. Haynes, 14 Alien (Maas.) W4.

197

CH] ROGRA PH

GHILDWIT. In Saxon law. The right which a lord had of taking a line of his bond- woman gotten with child without his license. Termes de la Ley; Cowell.

QHILTERN HUNDREDS. In English law The stewardship of the Chiitern Hundreds is a nominal office in the gift of the crown, usually accepted by members of the house of commons desirous of vacating their seats. By law a nic-mher once duly elected to parliament is compelled to discharge the duties of the trust conferred upon him, and is not enabled at will to resign it. But by statute, if any member accepts any office of profit from the (-i'owu. (except officers In the army or navy accepting a new commission.) his seat is vacated. it, therefore, any member wishes to retire from the representation of the county or borough by which he was sent to parlriment, he applies to the lords of the treasury for the stewardship of one of the Cbiltern Hundreds, which haiing received, and thereby accomplished his purpose, be again resigns the office. Brown.

GBZHVLIN. In old English law. A road. way, highway. It is either the king's high- way ((}’lwil’Ilt'1l»ll.S routs) or a private any. The first is that over which the subjects of the realm, and all others under the protection of the crown. have free liberty to pass, though the property in the soil itself belong to some private individual: the last is that in which one person or more have liberty to pass over the land of another, by prescription or charter. Wharton.

Cl-IIMINAGII. A toll for passing on a way through a forest; called in the civil law “pedagi'um." Cowell.

GHIMINUS. The way by which the king and all his subjects and all under his protection have a right to pass, though the property of the soil of each side where the way lieth may belong to a private man. Cowell.

CHIMNEY MONEY, on EBARTE MON- EY. A tax upon chimneys or hearths: an ancient tax or duty upon houses in England, now repealed.

GHIPPINGAVEL. In old English law. A tax upon trade; a toll imposed upon ti-allic, or upon goods brought to a place to be sold.

GHIRGEMOT, GHIRCHGEMOT. Saxon law. An ecclesiastical court. Spelman. church or vestry.

In assembly or A synod or meeting in I 4 Inst. 321.

GHIROGRAPE. In old English law. A deed or iudenture; also the last part of a fine of land.

An instrument of gift or conveyance attested by the subscription and crosses of the

E

G

H

witnesses, which was in Saxon times called M