A New Law Dictionary and Glossary

Cheque. A written order or request addressed to a bank, or to persons carrying on the business of bankers, by a party having money in their hands, requestmg them to pay, on present

Chefe. L. Fr. A, or the head. Chefe del an; the head or beginning of the year. Translated by Kelham the end of the year. See Caput anni. Chief. See Chief.

Chemyn. L. Fr. A way; a journey. Britt c. 6 1, 1 22. Cheminaunt; journeying, travelling. Id. c. 122.

Fr. Everyone; every. Kn chescun article et chescun point; m every article and every point. Artie, sup. Chart c. 1.

Chivage, Chiefage. L.Fr. and Eng. [L. Lat. chevagium, chivagium, from Fr. chef, a head.] In old English law. A tribute or sum of money formerly paid by villeins or bondmen, (servi)

Cheuagium, Chivagium. L. Lat. Chevage, or chivage. Bract fol. 6 b. Spelman. See Chevage.

Fr. Goods, money, riches, substance. Kel Jtam. A bargain. A /aire ckevances; to borrow, to make bargains for. Kelham,

Chevaneia, L. Lat. [L. Fr. chevance.] A loan or advance of money upon credit. Cowell,

Fr. To come to a head; to come to an agreement touching property. Kelham, Chevir de denier; to take up money on loan. Id.

Fr. [from chevir, to come to the head, (c Jie/,) or end of a business.] In old English law. A bargaining, or perfecting of a bargain — (drawmg the matter to a head,) Termes de la l

[Fr. chef; L. Lat. caput.] A head or lord. In feudal law, those tenants who held immediately under the king, in right of his crown and dignity, were called his tenants in capite, o

[L. Lat. capitalis haro.l The presiding judge of the English Court of Exchequer; answering to the chief justice of other courts. 3 Bl, Com. 44. 3 Steph, Com, 401. See Barm.

[L. Lat. eapita Us justiciarius.l An appellation given to the presiding or principal judge of a court. See Justice.

JUSTICIER, or

[L. Lat. capitalis dominus.] In English law. The immediate lord of the fee, to whom the obligation of the tenant is direct and personal. Stat. Quia Emptores, (18 Edw. I.) c. 1. 2 I

[L. Lat. capitalis plegius.] In old English law. A headborow, or borsholder. Spelman, voc. Borsholder, Friborga. Yelverton, 186.

[L. Lat. reditus capitales.] In English law. Rents of the freeholders of a manor. 2 Bl. Com. 42. Called also quit rents (quieti reditus,) because thereby the tenant goes quit and f

In deeds, this word signifies the immediate descendants of a person, in the ordinary sense of the word, as contra-distinguished from issue; unless there be some accompanying expres

In English politics. A tract of cpuntry extending through part of Buckingham and Oxfordshires, comprising the hundreds of Stoke, Desborough and Bonenham; the stewardship of which i

Chemyn. L. Fr. [L. Lat. chiminus.'] A way, or right of way; the same with the Lat. via, or aditus. Co. Litt. 66 a. Spelman, voc. Chiminus, Termes de la ley. Com. Dig. Chimin. Le ha

Fr. [L. Lat. chiminagium, from chimin, q. v.] In old English law. A toll due by custom for having a way through a forest. Co. Litt. 56 a. A toll exacted by the foresters from carri

Lat. Chiminage. Charta de Foresta, c. 14. See Chiminage.

Lat. [L. Fr. chimin.] In old English law. A way; a road or street. Spelman. Quatuor chimini, Watling streete, Fosse, Hikenild streete, & Erming streete, &c. LL. Edw. Conf. c. 12, a

or ITearth Money. A tax upon chimneys or hearths; an ancient tax or duty upon houses in England, now repealed. Oowell. See Fuage, Hearthmoney.

Cheapingavel. (Probably Sax. ceapingavel; from ceap, ware, and gavel, duty.) In old English law. A toll or duty for buying and selling; an an • cient tax imposed upon wares brought

Chirchgemot. [Sax. circgemot; from circ, ciric or cyric, a church, and gemot, an assembly.] In Saxon law. An ecclesiastical assembly or court; {forum ecclesiasticum.) Spelman. LL.

[L. Lat. chirographum, q. v.] A deed or charter. See Charter, Charta. An indenture executed in parts. 2 Bl. Com. 296. Hargr. Co. Litt. note 234, lib. 2. A fine of lands. Blount. Se

[L. Lat. ckirograpkus or ckirograpkarius finium et concordiarum.] In old English law. An oflicer of the court of common pleas, who engrossed the fines acknowledged in that court af

Cirographum, Cyrographum. Lat. [from Gr. x^^Q^YQ^V^^f which from x^lff* & hand, and ifQ^Siipot, to write; a handwriting, that which is written with a person*s own hand.] In Saxon l

Lat. A glove. Bract, fol, 35 b. Par ckirothecarum; a pair of gloves. Towns. PI. 258.

[L. Fr. service de ckivaler; L. Lat. servitium militare.'\ In feudal law. Knight-service. Tenure in chivalry was the same as tenure by knight-service. 2 Bl. Com. 61, 62.

Ckivacker, Ckivalckier. L. Fr. [from ckival, a horse.] To ride; to ride over, or about. Kelham. To perambulate. Id.. CHOA, Ckou, Cku. L. Fr. Cornipted forms of ceo, (q. v.) Kelkam.

[L. Lat. campio.] He who, in the trial by battel or combat {campus or duellum,) fought either for the tenant or demandant. 3 BL Com. 339. Certator pro alio datus in duello. Hottom.

[L. Lat. ecclesiarum permutatio.'] In English ecclesiastical law, A changing or exchanging of churches or benefices. Mentioned in Yearbook, 9 Hen. VI. 65. Cowell. Blount. A nicknam

Fr. A thing. Generally used in combination with other words; as chose in action, chose in possession, &c. See infra. Sometimes written in Law French, choce. Kelham.

A thing in action. A thing of which one has not the possession or actual enjoyment, but only a right to it, or a right to demand it by action at law. 2 Bl. Com. 396, 397. Termes de

A thing in possession, as distinguished from a thing in action. See Chose in action. Taxes and customs, if paid, are a chose in possession; if unpaid, a chose in action. 2 Bl. Com,

A local thing; a thing annexed to a place, as a mill. Kitchin. fol. 18. Cowell, Blount. Answering probably to the res imm^bilis of the civil law.

A thing which is moveable, and may be taken away or carried from place to place. Cowell. Blount.

Lat. The court of Christianity; the court Christian, or ecclesiastical judicature, as opposed to the ciril court, or lay tribunal. Cowell. See Court Christian.

The titie of a work written by Bishop Fleetwood, at the beginning of the 18th century, showing the value of money at difl Perent periods in English history. 1 BL Com. 173.

[Sax. cyric, ciric, circ; Lat. ecclesia; Fr. esglise.'] An edifice appropriated to Christian worship and the performance of religious services.* A house consecrated to the worship

Statutes passed in England in, and since the year 1818, with the object of extending the accommodation afiforded by the national church, so as to make it more commensurate with the

Churchset, Cirset, Kirkset, Chirset. In old English law. A certain portion or measure of wheat, anciently paid to the church on St. Martin's day; and which, according to Fleta, was

A rate imposed upon the parishioners of a parish for the repairs of the church. Sometimes called a church lay. Holthouse. 1 Wooddes. Lect. 160.

A church warden; an overseer of a church, {propositus ecc Usiat) Now obsolete. Cowell. See Reeve.

[L. Lat. ecclesiae gardiani.] Guardians, overseers or keepers of the church. Parochial officers annually appointed by the parish, whose peculiar province it is to take care of the

[Sax. ceorl; L. Lat. ceorltis, cirltuf, cirliscus.] In Saxon law. A freeman of inferior rank, chiefly employed in husbandry. 1 Heevea* Hist. Eng. Law, 5. — A tenant at will of free

Cibata. Lat. Victualled. Cibatus, velatus et paratus; victualled, tackled and apparelled. Towns. Pl. 227.

Sinkaunt. L. Fr. Fifty. Kelham.

Cink, Sink, Sinke. L. Fr. Five. Kelham.

[L. Lat. quinque, portusj five ports.] Five (now seven,) ports or havens on the S. £. coast of England, towards France, formerly esteemed the most important in the kingdom. They ar

Lat. [L. Fr. cipps, ceps.] In old English law. The stocks; an instrument for punishing offenders. Quare vi et armis clausum et cippos ipsitts abbatis apud BertorC, in quibus cippis

Lat. About, concerning, respecting, in relation to. Bract, fol. 188 b.

Lat. In old English law. A tribute paid to the bishop or archdeacon for visiting the churches. Dufre$ne, Whishaw,

Lat. [Sax. circbote, from circp a church; and bote, restoration.] In Saxon law. The repairing of a church. {ecclesicB restauratio.) Spelman, voc. £ola,

Kirkset, Cyricset. [properly curcscet, or ciricsceat. Sax. from cyrtc, a church, and sceat, a portion.] In old English law. A tribute paid to the churcn. Spelman. See ChurchesseL

[Lat. circuitus, from clrcueo, or circum eo, to go around.] A civil division of a country, state or kingdom, for the more convenient administration of justice; courts being held in

In American law. Courts held in the several federal and state circuits. The United States circuit courts are held by one of the justices of the supreme court appointed for the circ

In English practice. A paper containing a statement of the time and place at wnich the several assizes will be held, and other statistical information connected with the assizes. H

[L. Lat. circuitus actionis.] A longer course of proceeding to recover a thing sued for than is needful; called in some of the old books, circuit of action. Termes de la ley. Cowel

Lat. (Act circumspectly.) The title of a statute passed 13 Edw. I., and so called from the initial words of it, the object of which was to ascertain the boundaries of ecclesiastica

Lat. A circumstance. In omnibus circumstantiis. Bract, fol. 138. Circumstantias, Id. 153.

Evidence derived from circumstances, as distinguished from direct and positive proof.* It IS also ca Ued [presumptive evidence, and the doctrine founded on it] the doctrine of pres

Lat. A ceorl, or churl. Spelman. See Ceorl.

Lat. A chest or box, for containing charters, deeds or other thing. Beg, Orig. 110 b. Towns, PL 192. 8 Beeves' Hist, Eng, Law, IS.

Lat. [from citare, to summon.] A citation or summons. See Citation.

[Lat. citatio, q. v.] In practice. The process used in the ecclesiastical courts to call a party before them. 3 Bl. Com. 100. 3 Steph. Com. 720. It is the first step which is taken

[Lat. civis.] In English law. The representative of a city in parliament, as a burgess is the representative of a borough. 1 Bl. Com. 174. 2 Steph. Com. 362,* 363. But see Burgess,

[L. Fr, cite; L. Lat. civitas.] In English law. A town [or borough, Co, Litt. 109 a, b,] incorporated, [and usually of principal note or importance, 1 Steph. Cam. 1 16,1 which eith

In American law. A corporate town; a town of the larger or more important class, incorporated, and governed by a mayor and council of aldei-men.* Webster.

[Lat. civilis, q. v.] Belonging or relating to, or affecting a person as a citizen (civis.) Relating to, or affecting the rights or duties of a citizen, particularly as between one

An action brought to recover some civil right, or to obtain redress for some wrong, not being a crime or misdemeanor. 3 Bl. Com. 2, 116. In this latter respect it is distinguished

One of the two classes into which lay corporations are divided; the other division embracing what are termed eleemosynary corporations. 3 Steph. Com, 170. Municipal corporations, (

[Lat. mors civilis.] That change of a person's civil condition which is produced by certain acts or offences on his part; and which extinguishes his civil rights and capacities, ju

An infringement or privation of some civil right, and which is a subject for civil redress or compensation; as distinguished from a crim£, which is a subject for punishment.* 8 Ste

Lat. A civil lawyer, or civilian. Dyer, 26V.

Lat. Civilly; by a civil course of procedure. This term, with its opposite criminaliter, occur in the civil law, from which source they were introduced (most probably through Bract

L.Lat. Civilly dead; dead as a citizen; dead in law. (L. Fr. mort en ley.) Litt. sect. 200. Deprived of all civil rights and capacities, such as those of taking, holding and transm

[Lat. Jus civile Romanum.] The Roman law, as comprised in the Code, Pandects, Institutes and Novels of Justinian, and his successors, constituting together what is termed the Corpu

[Lat. jus civile.] That ■ystem of law which a community, state or nation establishes for its own peculiar government; {quod quisque populus sibi jus constituit;) as distin^ished fr

The liberty of a member of society, being a man*s natural liberty, so far restrained by human laws. Sand no farther,) as is necessary and expelient for the general advantage of the

In English politics. An annual sum granted by parliament, at the commencement of each reign, for the expense of the royal household and establishment, as distinguished from the gen

The right of a citizen; the right of an individual as a citizen; a right due from one citizen to another, the privation of which is a civil injury for which redress may be sought b

Lat. In the Roman law. A citizen; as distinguished from incola, (an inhabitant;) origin or birth constituting the former, domicil the latter. Code, 10. 40. 7. Phillimore's Law of D

Lat. [from civis, a citizen.] In the Roman law. Any body of people living under the same laws; a state. Jus civitatis; the law of a state; civil law. Inst. 1. 2. 1, 2. Citizenship;

Lat. <k L. Lat. A city, (Lat. urbs.) By civitas is properly meant the inhabitants, (incolce;) urbs includes the buildings. But the one is commonly taken for the other. Co. Litt. 10

[L. Lat. clametus, clamea, clamium, clamor; vendicatio.] A challenge [or demand] by any man of the property or ownership of a thing, [or of some interest in it,] which he has not i

Lat. In old Enghsh law. To claim; to demand or challenge; to assert a right to a thing. Spelmam. Clamans; claiming. Beg. Orig. S6. To complain. Glanv. lib. 1, c. 5. To cry out; to

Clamia. L. Lat. In old English law. A claim. Reg. Orig. 19 b. De clamia admittenda. Id. ibid. Clameum, clameus; a claim. Co. Litt. 291 b. Bract, fol. 1, 436 b.

Lat. In old English law. A claim or complaint; clamour. In misericordia pro /also clamore suo; in mercy for his false claim or clamour. A common clause in old judgment records. See

Lat. (It clearly appears.) In Scotch law. The name of a precept for giving seisin of lands to an heir; so called from its initial words. Ersh, Inst, b. 3, tit. 8, § 71.

Constitutions of. Certain declaratory ordinances, in sixteen articles, brought forward by King Henry II. at a great council held at Clarendon, A. D. 1164; and confirmed, A. D. 1170

L. Lat. In old Eng-lish law. To enclose; to turn open fields into closes and enclosures. Cowell. See Close. To close, finish or end. Diem clausit extremum; he closed his last day.

[L. Lat. clausi, clausa.] In old English law. Close, as distinguished from patent. See Clausum, Close, Patent.

or CLOSE ROLLS. [L. Lat. rotuli clausi.^ Rolls preserved in London, containing the records of writs close, literce clausce, &c. See Close Rolls.

Lat. [from claudere, q. v.] In old English law. An enclosure, or that which fences it. Blount. 2 Mon. Angl. 403. Brush-wood for hedges or fences. Cowell. Kennett's Par. Ant. 247.

Lat. [from claudere, to enclose.] A clause; a sentence or part of a sentence in a written instrument or law. So called, as enclosing or including certain words. Per clausulam conte

Lat. [from claudere, q. v.] In old English law. Close. A term applied to writs. Clausum vel aperturn; close or open. Bract, fol. 1 88, 372 b. See Close. A close. 3 Bl. Com. 209. 1

Lat. (He broke the close.) In pleading and practice. Technical words formerly used in certain actions of trespass, and still retained in the phrase quare clausum fregit, (q. v.) Se