Page:Black's Law Dictionary (Second Edition).djvu/206

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CHIROGRAPH

"ohi'royraphum," and which, being somewhat changed in ioim and manner by the Normans, was by them styled “churtu." Acniently when they made a chlrograph or deed which required 21 counterpart, as we call it, they engrossed it mice upon one mete of parchment contrarlwise, leaving a space be tween, in which they wrote in capital letters the word "chirograph," and then cut the parchment in two through the middle of the word, giving a part to each party. l.'o\veil.

In Scotch law. A written voucher for ii debt. Bel].

In civil and canon law. An instrument Written out and subscribed by the hand or the party who made it, whether the king or a private peison. Cowell.

CHIROGRAPHA. 111 Roman law. Wrltings emanating from a single party, the debtor.

OEIROGRAPHER OF FINES. In English law. J.‘he title of the 0lfiLl:l' ut the coinnion pleas who eiigi ussed Lines in that court so as to be acknowledged into a perpetual record. Cowell.

GHIROGRAPIIUM. In Roman law. A l.lullll'W1‘lI;lllg; that which was written with n peison's own hand. An obligation which a peison wrote or subscribed with his own hand; an aclsiiowleilgment of debt, as of money received, with a promise to repay.

A.u evidence or voucher of debt; a security for debt. Dig. 26, 7. 57, pr.

A right of action for debt.

Gliii-og-raphum spud debitorem repertuni prsesuinitur solutuiii. An evidence of debt found in the debtor's possession is presumed to be paid. Halli. Max. 20; Bell, Dict.

Cliix-ogmipliiun nan extiinl presumitnr uolntum. An eiidence of debt not existing is presumed to have been discharged. Tray. Lat. Max. 73.

GHIRURGEON. The ancient denomination of a surgeon.

CI-IIVALRY. In feudal law. Knight- servlce. Tenure in chivalry was the some as tenure by knight-service. 2 Bl. Comm. 61, 62.

GI-IIVALRY, COURT OF. In English law. The name of a court anciently held as

1 court of honor merely, before the eari-m:irshal, and as a criminal court before the lord

high coast-ilile. jointly with the earl-marshal. it had jurisdiction as to contracts and other matters touching deeds of arms or war, as well as pleas of life or member. It also corrected encroachnients in matters of co:1t-armor, precedency, and other distinctions of

198

CHOSE IN ACTION

families. It is now grown entirely out of use, on account of the teebienu.-ss of its jails- diction and Want of power to enforce lb Judgments, as it could neither fine nor imprison, not being a court of record. 3 BL Comm. 68; 4 Broom & H. Comm. 300. note.

CHOP-CHURCH. A Word mentioned in 9 Ben. V1. c. 155, by the sense of which it was in those days a kind of trade, and by the judges declared to be lawful But Brown. in his ahrldguient, says it was only permissi- ble by law. it -was, wltbout doubt, a nit» name given to those who used to change beneflces, as to "chop and change" is a (.‘Ul.|J' inon expiession. Jacob.

GI-IOPS. The mouth of a harbor. St. Mass. 1882, p. 1285.

Fun

GHORAL. In ancient times a poison lid- mltted to sit and worship in the choir; n chorister.

GI-IOREPISCOPUS. in old European law. A rural bishop, or bishop's viral. Spelnian; Cowell.

GEOSE. Fr. A thing; an article of prop- eity. A chose is a chattel personal, (Willlanis, Pors. Prop. 4,) and is either in possr) sion or in action. See the following titles. —C!iose local. A local thing; a thing unnou ed to El place, as :1 mill. Kitchio, £01. 1.3; Cow-

eil; Biount.—Chose transitory A this: which is momlile, and mny - a |l\\fl3' or carried irum place to piece. Cowell; Biaunl.

CI-IOSE IN ACTION. A right to personal things of which the owner has not the possession, but merely a right of attion for their possession. 2 Bl. Comm. 359, 397; I Chit. Pr. 99.

A right to receive or recover a debt. demand, or damages on a cause of action no crmtrartu, or for a toi't connected “nth contract, but which cannot be made aiallable without recourse to an D.Lti0Il. Bushnell \. Kennedy, 9 wall. 390, 19 L. Ed. 7613; Turner v. State, 1 Ohlo St. -126: Sheldon v. Sill. 1| How. 4-11, 12 L. Ed. 1147: People v. 'l‘logu Common Pleas. 19 Wend (N. Y.) 73: Sterling V. Sims, 72 Ga. 53; Bank v. H0] -ind, 99 Va. 495, 39 S. E. 126, 55 L. R. A. 155, 86 Am St Rep. 898.

Personalty to which the owner has a right of possession in future, or a right of linmediate possession, wrongfully withheld. is termed by the law a “chose in action." Cork Ga. 1882. 5 2239.

Chose in action is a phrase which is some times used to signify in right of bringing an ac tion, and, at others, the thing itself which forms the subject-matter of that right, or with regard to which that right is exercised; but it mu"- properly includes the idea hath of the thing it- soif and of the right of action as annexed to it. Thus, when it is said that a debt is a (‘hose in action, the 1Jl.1l'lSe conveys the idea, not only of the thing itself, 5. 2., the debt, but also of the

right of action or of recovery possessed by the