Charter
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
A grant made by the sovereign either to the whole people or to a portion of them, securing to them the enjoyment of certain rights.
1 Story, Const, § 161; 1 Rla. Com. 10S.
A charter differs from a constitution in this, that the former is granted by the sovereign, while the latter is established by the people themselves: both are the fundamental law of the land.
A deed
The written evidence of things done between man and man.
Cowell.
Any conveyance of lands. Any sealed instrument.
Spelman. See Co. Litt. 6; 1 Co. 1; F. Moore GS7.
An act of a legislature creating a corporation. nection with the law under which it was organized; Chicago Open Roard of Trade v. Bldg. Co., 136 111. App. I The name Is ordinarily applied to government grants of powers or privileges of a permanent or continuous nature, such as iueorr' iration, territorial dominion or Jurisdiction. private persons it is also loosely applied to det-ds and instruments under seal for the conveyance of lands. Cent. Diet. It is to be strictly construed; Rockland Water Co. v. Water Co., mi ''.Me. 644, 785, 1 L. R. A. 888; Oregon, IB. ft Nav. Co. v. Ry. Co., 130 U. S. 1, 9 Sup. Ct. 409, •:•-' L. Ed. 837; Bast Line & R. R. Ry. Co. v. Rushing, 69 Tex. 306, 6 S. W. 834. The reservation by the legislature of power to repeal a charter cannot give authority to take away or destroy property lawfully acquired or created under the charter; People v. O'Rrien.
Ill N. Y. 1, 18 N. E. 692, 2 L. R. A. 255, 7 Am. St. Rep. 68 1.
A charter may he taken under the power of eminent domain; Appeal of Philadelphia & Cray's Ferry Pass. R. Co., 102 Pa. 123. See Forfeiture. As to the power of the state to alter, amend or repeal a charter, see Impairing Obligations of a Contract. The early history of the genesis of the corporation, particularly of municipal corporations, is elaborated in a paper by a. M. Eaton in Am. Rar. Ass'n Rep. (1902) 292, 322, in which it is said: "The facts of history now known, and many of which were unknown to Coke, show that charters were granted by lords of manors, lay and spiritual, as well as by kings holding manors as of their own demesne and not acting in the exercise of any royal prerogative, to towns and boroughs confirming the continued enjoyment of 'liberties' in the future as they had already been long enjoyed in the past. Sometimes additional new 'liberties' were added, and afterwards similar brand-new charters were granted, relating only to future enjoyment of such 'liberties' similar to those already long enjoyed by the old towns and boroughs. In return for these grants the townspeople agreed at first, each one severally, to render his feudal dues (or rent in place thereof); then a group of the principal townsmen or burghers became responsible for the whole sum, and finally the town itself became thus liable for the fee-ferm rent. There was no intention on either part to form a corporation, indeed neither knew what a corporation was; for the name did not exist, but the thing itself was being gradually evolved." Blank Chabteb. A document given to the agents of the crown in the reign of Richard II., with power to fill up as they pli Charter or Pabdon. In English Law. An instrument under the great seal by which a pardon is granted to a man for a felony or