A New Law Dictionary and Glossary

Certa. Lat. Certain; defined, particularly described or specified. Oportet quod certa res dedi Lcatur in donatton^m, quia incerta rei nulla est donatio; It is necessary that the th

Lat. \ixom cervisiay q. v.] Certain tenants among the Saxons, who were liable to a duty called drinclean, which was a contribution towards providing ale {cennsia^) to entertain the

Lat. [L. Fr. cervoise.] In old English law. Ale or beer, properly the former. Hep. Griff. 280. Bract, fol. 117 b. Cervisia lupulata; beer. Towns. PL 234. Una m^nsura cervisiae; one

Lat. [from cervisia, q. v.] An ale-house keeper. Towns. Pl. 267. A beer or ale brewer. Blount, voc. Cervisarii.

Lat. To cease, stop, or stay. CMsaaie cawaa, ccsimt eflrcta*; the cause ceasing, the effect ceases also. Bract. fol. 202. 4 Co. 38. ^ Broom'a Max. 68. Shep. Touch. 287. CMnaate rmt

Lat. (He ceased for two years.) In old English practice. A writ in the nature of a writ of right, founded upon the doctrine of tenure, and formerly a very common remedy. Roscoe Rea

In old English law. An assessment, exaction or tax. Stat. 22 Hen.

Cessure. Neglect; 1i ceasing from, or omission to do a thing. 3 BT. Com. 232. The determination of an estate. 1 Co. 84. 4 Kent's Com. 33, 90, 105, 295.

Lat. (Let execution stay.) In practice. A stay of execution; or an order for such stay; tbe entry of such stay on record. 2 Tidd's Pt. 1104. 3 Wooddez, Led. 8.

Lat. [from cedere, to give up, or yield.] A cession, giving up or surrender; an assignment. 1 Karnes* Equity, 403. See Cessio hcmorum.

Lat. In the Roman law. A cession, or giving up of goods. The surrender of cm a debtor's property to his creditors, by which, under the law of cession introduced by the christian em

[from Lat. cessio, q. v.] A giving up, relinquishment or abandonment of a right, or of property. See Abandonment. In the civil law. A giving up, surrender or assignment of goods to

In old English law. One who ceased or neglected so long to perform a duty belonging to him, as to incur the danger of the law, and to become liable to have a writ of cessavit broug

See Cesser.

Fr. A receiver; a bailiff. Kelham.

Fr. That is to say, or to wit. Generally written as one word, cestascavoir, cestascavoire. Stat. Westm. 1, c. 22. Artie, sup. Chart, c. 1. Litt. sect. 13, 239. Another form was ces

Cestuy. L. Fr. He. Cestui que doit estre heriter al pere, doit heriter al fils. He who would have been heir to the father, shall be heir to the son. Year Book, M. 12 Edw. IV. 14. 2

Fr. He in trust for whom, or for whose benefit, another is enfeoffed or seised of lands or tenements; he who is entitled in equity to take the rents and profits of lands whereof th

Fr. [Cestuy a Vuse de qui; Lat. ille cujus usui, or ad cujus usum.'] He to whose use another is enfeoffed of lands or tenements. Cowell. 2 Bl. Com. 328—333. 4 Kent's Com. 289 — 296

Fr. {ce^tuy a qui vie.) He for whose life lands or tenements are granted. Thus if A. grant lands to B. during the life of C, here C. is termed the cestui/ qui vie, and B. tenant pu

Fr. Those. Kelkam. See Cetix.

Ceaux. L. Fr. These, those. Cetix parolx; these words. Litt. sect, 1.

See Chase.

Chasea. L. Lat [from Fr. chasser, to drive.] In old English law. A chace, or chase; a driving, chasing or hunting [of animals;] (Lat. fugatio, acttts.) Spelman. Reg. Orig. 268. The

Chaser. L. Fr. To drive, compel, oblige. Chace, chase; obliged, compelled. Kelham,

[chafe, Fr. chafer, to heat.] An officer in chancery in England who fits (by heating or melting) the wax for the sealing of writs and o Uier instruments. CowelL

A word used in the English statute 3 Edw. IV. c. 4, and supposed to mean wares or merchandize. Cowell. Blount. Cowell says, "we yet use chaffering for buying and selling." In moder

Lat. In old English law. To chase, drive or hunt. Cowell.

Fr. To faU. Lesser chaier; to let fall. Kelham. See Cheir,

Fr. In old English law. To object or except to a writ or pleading. Par taunt est le brefe vicious et abatable, si il soit chalenge; for so much is the writ bad and abatable, if it

[L. Fr. chalenge, from chalenger, calanger, to object, to claim; L. Lat. calumnia, calangia; exceptio.^ In practice. An exception or objection taken either against persons or thing

[L.Lat. cam«-a.] A term applied to courts (the Star Chamber, the Exchequer Chamber,) legislative bodies, (Chamber of Peers, Chamber of Deputies,) and other public associations; (Ch

WIDOW'S. A portion of the effects of a deceased person, reserved for the use of his widow, and consisting of her apparel, and the furniture of her bedchamber, is called in London t

[L. Lat. camerarius, cambellarius, cambalarius, chamberlanus, chamberlingus; from Fr. chambellan. Spelman. Cowell.] Keeper of the chamber. Originally the chamberlain was the keeper

Lat. Chamberlainship; the office of a chamberlain. Cowell.

In practice. The office or private rooms of a judge, where parties are heard, and orders made in matters not requiring to be brought before the full court; and where costs are taxe

In international law. Portions of the ocean included within lines drawn from one promontory to another, or stretches of sea between adjacent headlands, (and called in England the k

Lat. In old English law. Change, or exchange. Bract, fol. 117, 118. rrobably another form of camr bium, (q. v.)

Fr. In old English law. A private repository of money; a private treasury; a coffer. Pension de chambre, — rente de chambre; a payment of money out of personal funds, as distin- ^i

Fr. In French law. A share or division of the profits of land; a part of the crop annually due to the land^ lord by bargain or custom. 4 Bl. Com. 1 36.

See Champerty.

Fr. [Lat. Campus Maii."] The field or assembly of May. The national assembly of the Franks, held in the month of May. 1 Rob. Charles V. Appendix, Note xxxviii.

Fr. [L. Lat. Campiu Martii.'] The field or assembly of March. The national assembly of the Franks, held in the month of March, in the open air. 1 Roh. Ch, V. ub. sup.

Fr. {L.h At campers, q. v.] A share or division of land; champerty. Stat. Westm. 2, c. 49. See Champerty.

Lat. Champertj. Beg, Grig, 188, in marg.

Chomperter, Champartor. rL.Lat. cambiparticepa, q. v.] In criminal law. One who is guilty of the offence of champerty. A purchaser or promoter of other persons' suits.* 4 BL Com, 1

Champarty. [L. Fr. champert; L. Lat. campers, cambipartia, qq. v.] In criminal law. The maintenance of any man in his suit, upon condition to have part of (partire) the thing in di

[L. Lat. cancellarius; L. Fr. chancelier.] The presiding judge in the court of chancery. See Chancery. In England, the Lord High Chancdlor is the highest judicial officer of the re

[irom'Pr. chance, accident, and mder, to mingle. A casual meeting or affray.] In criminal law. The accidental killing a man in self defence in a sudden rencounter; a species of exc

or COURT OF CHAN-

An officer formeriy belonging to the king's mint, in England, whose business was chiefly to exchange coin for bullion brought in by merchants and others. It is mentioned in the sta

Chaunter. L. Fr. To declare aloud; (literally, to sing or chant;) to pronounce or find, as the verdict of a jury. Si les recognitors de U assise chaunta pur le plaintife; if the re

Chauntry. [L. Lat. cantorta.] In old English ecc Iesiasti Gal law. A church or chapel endowed with lands or other yearly revenues for the maintenance of one or more priests to sing

[L. Lat capella.l In ecclesiastical law. A minor reliffious edifice, in which divine service is oefebrated in the same manner as in the parochial church, but generally of more mode

In English ecclesiastical law. A chapel founded in general at some period later than the parochial church itself, and designed for the accommodation of such of the parishioners as.

[L. Lat. capelleria.] The precinct and limits of a chapel. The same thing to a chapel, as a parish is to a church. Termes de la ley. Cowell. Blount.

[L. Fr. chapitre, L. Lat, capitulum.] In old English law. A summary in writing of such matters as were to be inquired of, or presented before justices in eyre, justices of assize,

[L. Lat. capitulum, q. ▼.] In English ecclesiastical law. An assembly of the prebendaries and canons in a cathedral, conventual or collegiate church; called in the old books congre

Fr. A plough. SUiL Westm, 1, c. 1.

Fr. A cart. Stat, Westm. 1, c. 1, 32. Britt, c. 1. Charrettir; A carter. Kelham.

[Lat. onus.] A burden; an incumbrance or lien upon land; a duty or liability attached to, or obligation imposed upon a person.* 3 Co. 14, JBTarlerfscase, 1 Stqfh. Com. 848. 8 Id. 6

In practice. An address to a jury impannelled in a cause, by the presiding judge, after the case has been closed on both sides, recapitulating and commenting upon the testimony add

In equity practice. A statement in writing made by a party to a suit in equity, before a master of the court, of the items with which the opposite party should be debited or should

In equity practice. The mode or form of accounting before a master. Where a decree or order of the court directs an account to be taken and examined before a master, in such case t

Fr. To load. Chargeez: loaded, laden. Kelham.

In practice. Kxpenses incurred in a suit at law or in equity, or other judicial proceeding; including such as do not come under the technical denomination of costs. The expression

This word, in the expressions "charitable uses" "charitable trusts" is understood in a very large sense, comprising not only gifts for the benefit of the poor, but endowments for t

A charitable gift or bequest; a gift or bequest to charitable uses or purposes. See Charitable. Described by Lord Camden as " a gift to a general public use, which extends to the r

Fr. [L. Lat. camalis.] Of the same flesh, (or blood.) Chamels a-mys; relations by blood. Dritt. c. 52.

Carta. L. Lat. [Lat. symbolum, tabulcB.] In old 'English law. A charter, or deed; a writing under seal, by which conveyances of lands, contracts, covenants and the like were eviden

Lat. In old English law. A common or mutual charter or deed; one containing mutual co« venants, or involving mutuality of obligation; one to which both parties might have occasion

Lat. In old English law. A chirographed charter; a charter executed in two parts, and cut through the middle, (scinditur per medium,) where the word cyrographum, or chirographum wa

Lat. [literally, a deed divided.] ^ charter party. Towns. PI. 112. 8 Kent's Com. 201. See Charter party.

Fr. In old English law. A letter of defiance or challenge to single combat, in use during the period when trial by battel was practised. Uowell. Blount,

[L. Lat. charta, carta; L. Fr. chartre, (qq. v.)] In old English law. A written instrument under seal, containing the evidence of things done between man and man.* CowelL ffolthous

In old Scotch law. A disposition made by a superior to his vassal, for some thing to be performed or paid by him. 1 Forbes* Inst, part 2, b. 2, c. 1, tit. 1. A writing which contai

In modem law. A grant in writing of certain privileges and franchises, (usually to a corporation) b^ the supreme power of a state; an act of mcorporation. In this sense, the origin

In mercantile law. One who charters (i. e. hires or engages) a vessel for a voyage; a freighter. 2 Steph. Com, 184. 3 Kenfs Com. 137.

[Sax. boc land.] In old English law. Land held by charter, (deed) or written evidence; deed land, bookland. Freehold lands were so called, as distinguished from copyhold. Termes de

[L. Lat. charta or carta perdonationis.] In English criminal law. A charter or instrument under the great seal, by which a man is forgiven a felony, or other offence committed agai

See Charta de Foresta,

[L. Lat. charta partita.] In mercantile law. A contract by which an entire ship, or some principal part thereof, is let to a merchant for the conveyance of goods on a determined vo

Rolls preserved amongst the ancient English records, containing the royal charters from the year 1199 to 1516. They comprise gi-ants of privileges to cities, towns, bodies corporat

Fr. A charter. Quant a gamement del escrit, que home appele ohartre; as to that garment (vestment or clothing) of writing which men call a charter. Britt, c. 39.

Fr. A plough. Bestes dee eharues; beasts of the plough. Artie, tup. Chart, c. 12. Britt. c. 21.

Fr. Every. Assiz. de Jerus. c. ix.

Chace, \L. Lat. ehaeea, chacea.^ In English law. A laree extent of woody ground, (Lat. ealtus^) less than a forest, and larger than a park, lyins open and privileged for wild beast

Lat. A chase. SpeU man^ too. Chacea, See Chace, Chacea.

Fr. Bought. Ke Uiam. See Achate, Achater.

Chatell, Chatel. L. Fr. [pl. chateux, cateux, chateaux.] A chattel. Reg. Orig. 93 b, nota. Chatelle moeble, a moveable or personal chattel. Id. ibid. Britton writes the word chatel

Cateux. L. Fr. [pi. of chatelle.] Chattels. Britt. cc. 1, 20; 26, 27, 28, 101. i;t«.'sect. 321. Beg. Orig. 93 b, nota. CJiateux moebles, moveable or personal chattels. Id. ibid. Ch

[L. Fr. chatelle, L. Lat. captale, catallum.] Any article or subject of property, moveable or immoveable, not amounting to a freehold. 1 Steph. Com. 262. Chattel is a very comprehe

An interest in corporeal hereditaments, not amounting to a freehold, as distinguished from a freehold interest; such as an estate for years in land. 1 Steph. Com. 262. 2 Kent's Com

formerly written C ATALS. et, Lat. catalla, L. Fr. chateux, cateux.] oveable goods, and all other property or estate, not amounting to a freehold. Chattels were formerly divided in

otherwise called THINGS PERSONAL, comprise all sorts of things moveable, as goods, plate, money, jewels, implements of war, garments, animals and vegetable productions; as the frui

Such chattels as concern, are annexed to, or savor of the realty; as terms for years of land, and mortgages; and, in English law, next presentations to a church, estates by statute

[L. Fr. chaud melle, from chaud, hot, and mesler, meler, to mingle; L. Lat. calida melleia.] In criminal law. The killing of a person in an affray, in the heat of blood, and while

Fr. A kind of tenure mentioned in a patent of 35 Edw. III. CowelL Blount

Fr. Fa Uen. Id. CHEAT or CHEATING. In criminal law. The oflfence of defrauding, or endeavori Dg to defraud another of his known right, by means of some artful device, contrary to t

Cheser. L. Fr. To fall. Checer in debat; to come in question or debate. Kelhanu See Cheir.